How Appealing



Monday, November 26, 2012

“Circuit split! 5th Circuit says AG suits are mass actions under CAFA.” Alison Frankel’s “On the Case” from Thomson Reuters News & Insight has this report.

Posted at 9:00 PM by Howard Bashman



“‘Politicians in Robes’? Not Exactly, but . . .” Adam Liptak will have this new installment of his “Sidebar” column in Tuesday’s edition of The New York Times.

Posted at 2:44 PM by Howard Bashman



“High court weighs Georgia hospital merger”: The Associated Press has this report.

Update: You can access the transcript of today’s U.S. Supreme Court oral argument in FTC v. Phoebe Putney Health System, Inc., No. 11-1160, at this link.

Posted at 11:58 AM by Howard Bashman



Upcoming appellate court oral arguments: Within the next 16 days, I will have the pleasure of arguing cases before each of Pennsylvania’s three state appellate courts.

Tomorrow morning, I will be in Harrisburg, Pennsylvania to argue a case before the Supreme Court of Pennsylvania. The case is a direct appeal in a matter that originated in the Commonwealth Court of Pennsylvania. The Court has granted oral argument on the following issue:

Did the Commonwealth Court err or otherwise abuse its discretion in ruling on summary judgment in favor of the MCARE Fund that Dr. S.’s negligence constituted only one rather than two occurrences of medical malpractice for purposes of the MCARE Act?

Next, on Wednesday of this week, I will be arguing on behalf of the plaintiffs-appellees in four related appeals pending before a three-judge panel of the Superior Court of Pennsylvania. In November 2011, Nate Raymond of The American Lawyer reported on the decision in that case in an article headlined “Moss Sides With Plaintiffs in Reglan Mass Tort; A Philadelphia trial judge overseeing mass tort litigation involving the digestive drug Reglan on Friday denied a bid by generic manufacturers to dismiss claims against them in roughly 2,000 lawsuits on the basis of a recent U.S. Supreme Court decision.” Additional coverage of the ruling can be accessed here and here. The brief for plaintiffs-appellees that I filed in one of those consolidated appeals can be accessed here.

And finally, on Wednesday, December 12, 2012, I will be back in Harrisburg to argue a very interesting appeal on behalf of the defendant-appellant before the en banc Commonwealth Court. Late last year, The Citizens’ Voice of Wilkes-Barre, Pennsylvania reported on the trial court’s ruling in an article headlined “Judge awards millions to Dallas, Pittston Area from health trust.” You can access the appellate briefs that I filed on my client’s behalf in that case at the following links: Brief for Appellant; Reply Brief for Appellant.

Posted at 11:48 AM by Howard Bashman



Access online today’s Order List of the U.S. Supreme Court: The Court has posted today’s Order List at this link. The Court did not grant review in any new cases.

The Court issued a per curiam opinion in Nitro-Lift Technologies, LLC. v. Howard, No. 11-1377.

And Justice Stephen G. Breyer issued a dissent from the denial of certiorari in Delling v. Idaho, No. 11-1515. Justices Ruth Bader Ginsburg and Sonia Sotomayor joined in that dissent.

In early news coverage, The Associated Press has reports headlined “Court orders new look at health care challenge“; “High court rejects appeal over insanity defense“; “High court rejects appeal of ex-La. congressman“; “Court rejects plea to block taping of police“; and “Court won’t get into fight over grape patents.”

And at “SCOTUSblog,” Lyle Denniston has a post titled “Way cleared for health care challenge.”

Posted at 9:40 AM by Howard Bashman



“As state’s wetlands dwindle, South Carolina seeks new answer”: Today’s edition of The State of Columbia, South Carolina contains an article that begins, “In the nearly 12 years since the U.S. Supreme Court eased federal protections on isolated wetlands, swampy South Carolina has talked at length about how to fill the gap and save these wildlife-rich bogs.”

Posted at 8:30 AM by Howard Bashman



“State NAACP questions state judge’s partisanship”: Today’s edition of The Daily Tar Heel contains an article that begins, “N.C. Supreme Court Justice Paul Newby prevailed in a close race to retain his seat on election night earlier this month — and critics are already raising concerns about his ability to rule impartially.”

Posted at 8:24 AM by Howard Bashman



“Pennsylvania judges sue over mandatory retirement at 70; Northampton County jurist Leonard Zito is among six challenging the requirement”: This article appears today in The Morning Call of Allentown, Pennsylvania.

Posted at 8:00 AM by Howard Bashman



Sunday, November 25, 2012

“Tidying up the 2012 election”: In Monday’s edition of The Washington Post, Robert Barnes will have an article that begins, “They are still counting votes in Ohio, a process that once seemed as if it might transfix the nation and require the attention of the Supreme Court, but now it’s something more like an asterisk.”

Posted at 9:30 PM by Howard Bashman



“Do We Still Need the Voting Rights Act? The Supreme Court is poised to invalidate part of the civil-rights era law that regulates Southern states’ polling practices.” Ben Jacobs has this essay online at The Daily Beast.

Posted at 8:24 PM by Howard Bashman



“Voters should have more to go on than just names”: In today’s edition of The Columbus Dispatch, columnist Joe Hallett has an essay that begins, “Shortly after Gov. Ted Strickland appointed her in January 2011 to a vacancy on the Ohio Supreme Court, Justice Yvette McGee Brown found herself locked in debate with Justice Robert Cupp.”

Posted at 8:20 PM by Howard Bashman



“Justice on elections: ‘Hate the game, don’t hate the player.'” Columnist Peggy Fikac of The San Antonio Express-News has an essay that begins, “Texas Supreme Court Justice Don Willett showcased himself as such a staunch conservative in his re-election bid that a writer in The Atlantic used him to highlight what’s wrong — albeit perfectly legal — with the system of partisan judicial elections.”

Posted at 8:16 PM by Howard Bashman



“Supreme Court decides this week whether to rule on gay marriage; Timing will be at issue as the justices confer; In the past, the court has been faulted for waiting too long or moving too quickly on recognizing constitutional rights”: David G. Savage has this front page article today in The Los Angeles Times.

Posted at 7:40 PM by Howard Bashman



“Same-sex case ruling favors gay employee”: In today’s edition of The San Francisco Chronicle, Bob Egelko has an article that begins, “A regional court council has ordered San Francisco’s federal court to pay an employee’s costs for insurance coverage for his husband, citing an increasing number of rulings that have declared Congress’ ban on same-sex spousal benefits unconstitutional.”

Posted at 11:44 AM by Howard Bashman



“Voters’ misjudgments on judges cry out for a method that involves merit”: Columnist Brent Larkin had this op-ed yesterday in The Cleveland Plain Dealer.

Posted at 9:50 AM by Howard Bashman



Saturday, November 24, 2012
Friday, November 23, 2012