How Appealing



Wednesday, July 31, 2013

“Ex-NCAA athletes can sue Electronic Arts over video game likenesses”: Maura Dolan of The Los Angeles Times has this news update.

The San Francisco Chronicle has a news update headlined “EA loses ruling in ‘NCAA Football’ suit.”

USA Today reports that “U.S. appeals court rejects EA in another likeness case.”

In Thursday’s edition of The Wall Street Journal, Joe Palazzolo will have an article headlined “Appeals Court Says Ex-College Stars Can Sue Videogame Maker Electronic Arts; Football and Basketball Players Protested Use of Their Likenesses.” You can freely access the full text of the article via Google News.

Jonathan Stempel of Reuters reports that “Ex-NCAA athletes score court victory over EA video games.”

Bloomberg News reports that “EA Loses Bid to End Athletes’ Suit Over Use of Likenesses.”

The Associated Press has a report headlined “Court: College athletes can sue EA over images.”

At her “Trial Insider” blog, Pamela A. MacLean has a post titled “Electronic Arts Must Face College Athlete Likeness Suit.”

At the “Hollywood, Esq.” blog of The Hollywood Reporter, Eriq Gardner has a post titled “Appeals Court Rules on Use of Athletes in Video Games; Whether or not the First Amendment protects celebrity exploitation is a hot topic in the legal system.”

And Variety reports that “Electronic Arts Loses Latest Round in Suit Over NCAA Player Likenesses.”

The U.S. Court of Appeals for the Ninth Circuit issued rulings today in two related cases, which you can access here and here.

Posted at 10:44 PM by Howard Bashman



“Samuel Alito Will Save America’s Privacy: A lower court’s ruling on warrantless cellphone searches is doomed at the Supreme Court — thanks to Justice Alito.” Mark Joseph Stern has this jurisprudence essay online at Slate.

Posted at 10:27 PM by Howard Bashman



“Next Citizens United? McCutcheon Supreme Court Case Targets Campaign Contribution Limits.” Paul Blumenthal of The Huffington Post has this report.

Posted at 9:00 PM by Howard Bashman



“Democrats To Introduce Supreme Court Ethics Bill”: Stephanie Mencimer has this post today at the “Political MoJo” blog of Mother Jones.

Posted at 8:57 PM by Howard Bashman



“The (Almost) Lost Speech of Justice Anthony Kennedy: How his insightful remarks about the Constitution inadvertently make the case for a Supreme Court ‘media pool.'” Andrew Cohen has this essay online today at The Atlantic.

Posted at 7:46 PM by Howard Bashman



“Right-to-die battle: court of appeal rejects paralysed man’s case; Judges reject Paul Lamb’s request for help from doctors to die but allow another man to get help to travel to Swiss clinic.” The Guardian (UK) has this report.

And The Associated Press reports that “UK court rules against euthanasia.”

Posted at 8:40 AM by Howard Bashman



“Supreme Court decision bolsters challenge to Oklahoma gay marriage ban, couple argues in state case; The U.S. Supreme Court’s move to strike down federal law has ignited a flurry of activity in the long-dormant state challenge to Oklahoma’s ban on gay marriage”: Chris Casteel has this article today in The Oklahoman.

Posted at 8:40 AM by Howard Bashman



“The people’s judge”: Today’s edition of The Times Leader of Wilkes-Barre, Pennsylvania contains an article that begins, “Standing before a cadre of judges representing every level of the state judicial system and hundreds of family members, friends and colleagues overflowing from the rotunda of the Luzerne County Courthouse, Correale F. Stevens on Tuesday took his oath of office as the newest member of the state’s highest court.”

And today’s edition of The Citizens’ Voice of Wilkes-Barre contains an article headlined “Stevens sworn in as state Supreme Court justice.”

The online biography of Pa. Supreme Court Justice Correale F. Stevens can be accessed here.

Posted at 7:45 AM by Howard Bashman



Tuesday, July 30, 2013

Promise kept: Back on December 11, 2012, in previewing an oral argument that I would be delivering the next day, I wrote “Eventually, the video of the oral argument should be available online via the web site of the Pennsylvania Cable Network. I will link to the video when it becomes available.”

Unfortunately, as time passed, the video did not become available online. In relatively short order, my client won the appeal (and I collected news coverage of the outcome here, here, and here). Once the decision issued, I stopped checking to see if the oral argument had become available online.

Now, however, I see that PCN at some point finally posted the video of the oral argument online. The oral argument video is the first case that appears in “part two” of the video proceedings available online via this link.

Posted at 11:57 PM by Howard Bashman



“Senators Coons, Leahy introduce bill to create 91 new judgeships; Legislation is based on recommendations of nonpartisan Judicial Conference led by Chief Justice John Roberts”: U.S. Senator Chris Coons (D-DE) issued this news release today.

Posted at 11:40 PM by Howard Bashman



“Warrantless Cellphone Tracking Is Upheld”: This article will appear Wednesday in The New York Times.

Cyrus Farivar of Ars Technica has a report headlined “Again, federal court finds cops don’t need a warrant for cellphone location data; If you want your records anonymized, tell ‘the market or the political process.‘”

And at “The Volokh Conspiracy,” Orin Kerr has a post titled “Fifth Circuit Hands Down Long-Awaited Case on the Fourth Amendment, Cell-Site Data, and Ex Parte Decisionmaking.”

Posted at 10:55 PM by Howard Bashman



“The Next Big Test of Corporate Personhood”: David H. Gans has this post today at the “Text & History Blog” of the Constitutional Accountability Center.

Posted at 5:30 PM by Howard Bashman



“Appeals court upholds ruling striking down NYC’s large soda ban; Mayor Michael Bloomberg had advanced the regulation as a way to combat obesity among city residents”: The New York Daily News has this update.

The New York Post has a news update headlined “Appeals court upholds ruling slapping down Mayor Bloomberg’s soda ban.”

Bloomberg News reports that “N.Y.’s Large Soda Ban Block Ruling Upheld on Appeal.”

Reuters reports that “Appeals court upholds ruling that halted NYC’s large-soda ban.”

The Associated Press has a report headlined “Appeals court: NYC’s big-soda ban unconstitutional.”

You can access today’s ruling of the New York State Supreme Court, Appellate Division, First Department, at this link.

Posted at 1:16 PM by Howard Bashman



“The Third Circuit Is Wrong Again: ‘For-Profit, Secular Corporations’ Can Engage in the ‘Exercise of Religion.'” At “walshsblog,” law professor Kevin C. Walsh has this post today.

Posted at 12:02 PM by Howard Bashman



“The plaintiffs, twelve graduates of the Thomas M. Cooley Law School, sued their alma mater in district court, alleging that the school disseminated false employment statistics which misled them into deciding to attend Cooley.” So begins an opinion that a unanimous three-judge panel of the U.S. Court of Appeals for the Sixth Circuit issued today.

Posted at 11:18 AM by Howard Bashman