How Appealing



Thursday, January 10, 2013

“Court upholds controversial dialysis law”: The News Service of Florida has a report that begins, “A federal appeals court Thursday upheld the constitutionality of a heavily lobbied 2002 law that prevents Florida doctors from referring kidney-dialysis patients to labs in which the doctors have financial stakes.”

You can access today’s ruling of the U.S. Court of Appeals for the Eleventh Circuit at this link.

Posted at 10:38 PM by Howard Bashman



“Lincoln, the Supreme Court, and the Reconstruction Revolution”: The McClatchy-Tribune News Service has posted online this essay written by Doug Kendall and Tom Donnelly.

Posted at 5:08 PM by Howard Bashman



“Texas court asks: Is man’s best friend priceless?” The Associated Press has a report that begins, “They say all dogs go to heaven. But if they get there before their time, should someone pay up? The Texas Supreme Court began mulling Thursday whether grieving dog owners should be able to sue for the ’emotional value’ of man’s best friend.”

You can view the video of today’s oral argument in the Supreme Court of Texas by clicking here. And the briefs filed in the case can be accessed via this link.

Posted at 4:56 PM by Howard Bashman



“U.S. Death Penalty Support Stable at 63%; Decade-long decline in support after 2001 seen mostly among Democrats”: Gallup Politics issued this news release yesterday.

Posted at 4:20 PM by Howard Bashman



“Warner Bros. Wins Blockbuster Victory in Legal Battle for Superman; An appeals court finds that Jerome Siegel’s heirs made a deal with the studio in 2001 over rights to Superman”: Eriq Gardner has this post at The Hollywood Reporter’s “Hollywood, Esq.” blog.

You can access today’s ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.

Update: A reader kindly points out that the Ninth Circuit today also issued two related unpublished rulings (here and here) addressing the merits of this matter.

Posted at 3:45 PM by Howard Bashman



Unanimous 11-judge en banc Ninth Circuit panel holds that federal law does not preempt a state law failure to warn claim concerning an FDA-approved “Class III” medical device manufactured by Medtronic: You can access today’s en banc ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.

The majority on a divided three-judge Ninth Circuit panel had originally affirmed a federal district judge’s ruling that the failure to warn claim was preempted under federal law. My earlier coverage of that ruling and the Ninth Circuit’s order granting rehearing en banc can be accessed here.

Posted at 1:36 PM by Howard Bashman



“Jerry Brown wants feds to back off on prisons”: Columnist Debra J. Saunders has this essay today in The San Francisco Chronicle.

Posted at 1:15 PM by Howard Bashman



“Bin Laden Corpse Photos Should Be Released, Group Argues”: Tom Schoenberg of Bloomberg News has a report that begins, “Photos of Osama bin Laden’s corpse and burial at sea, ordered to be kept secret by President Barack Obama, should be made public, a self-described conservative watchdog group told a federal appeals court.”

The Washington Post has a news update headlined “Court looks likely to defer to U.S. in barring release of postmortem bin Laden photos.”

David Ingram of Reuters has a report headlined “Images of a dead bin Laden still dangerous: U.S. lawyer.”

The Associated Press reports that “Judges seem wary of release of bin Laden photos.”

CNN.com reports that “Court considers demand that U.S. release photos of bin Laden’s body.”

Ryan J. Reilly of The Huffington Post reports that “Osama Bin Laden Photo Release Considered By Appeals Court.”

At Politico.com, Josh Gerstein has a blog post titled “Court skeptical on release of Osama bin Laden photos.”

And at “The BLT: The Blog of Legal Times,” Mike Scarcella has a post titled “DOJ Defends Secrecy of Post-Mortem Osama bin Laden Photos.”

Posted at 12:55 PM by Howard Bashman



“Constitution Check: Is the ‘war on terrorism’ coming to an end?” Lyle Denniston has this post today at the “Constitution Daily” blog of the National Constitution Center.

Posted at 8:54 AM by Howard Bashman



“US judge voices concerns on Bulger; Says public may question fairness of mobster’s trial”: This article appeared yesterday in The Boston Globe.

Yesterday’s edition of The Boston Herald contained an article headlined “Lawyer: Whitey’s judge too close to bad old days.”

And yesterday’s broadcast of NPR’s “All Things Considered” contained an audio segment titled “‘Whitey’ Bulger’s Lawyers Want Judge Off The Case.”

The U.S. Court of Appeals for the First Circuit has posted the audio of Tuesday’s oral argument at this link (featuring, among other things, the voice of retired Justice David H. Souter).

Posted at 8:24 AM by Howard Bashman



“Orie Melvin asks colleagues on high court to dismiss charges; Same argument was rejected in Common Pleas Court”: Paula Reed Ward has this article today in The Pittsburgh Post-Gazette.

Posted at 8:16 AM by Howard Bashman