How Appealing



Thursday, December 26, 2013
Wednesday, December 25, 2013

“Mass. SJC bars no-parole life terms for youths; Says brains of juveniles not yet fully developed”: Today’s edition of The Boston Globe contains a front page article that begins, “The state’s highest court struck down life sentences without parole for juveniles on Tuesday, saying scientific research shows that lifelong imprisonment for youths is cruel and unusual because their brains are ‘not fully developed.'”

The Boston Herald reports that “Teen killers could walk; Ruling makes some eligible for parole.”

And WBUR Radio has an audio segment titled “In Juvenile Parole Ruling, Mass. High Court Goes Step Beyond US Supreme Court.”

On Tuesday, the Supreme Judicial Court of Massachusetts issued two separate related rulings on this issue, which you can access here and here.

Posted at 8:57 PM by Howard Bashman



Tuesday, December 24, 2013

“BP Loses Bid to Require Proof of Losses in Spill Accord”: Jef Feeley and Laurel Brubaker Calkins of Bloomberg News have a report that begins, “BP Plc lost a bid to require businesses to provide proof their economic losses were caused by the 2010 Gulf of Mexico oil spill under a $9.2 billion settlement over the disaster.”

The Times-Picayune of New Orleans reports that “Some business claimants shouldn’t be required to prove damage from the BP oil spill, judge rules.”

Jonathan Stempel of Reuters reports that “Court rejects BP bid to require proof of Gulf oil spill losses.”

And The Associated Press reports that “Judge rules against BP in spill-settlement dispute.”

I have posted online at this link today’s ruling of the U.S. District Court for the Eastern District of Louisiana.

Posted at 7:44 PM by Howard Bashman



“Having considered the district court’s decision and the parties’ arguments concerning the stay factors, we conclude that a stay is not warranted.” A two-judge panel of the U.S. Court of Appeals for the Tenth Circuit this evening issued an order denying the State of Utah’s motion for an emergency stay of a federal district judge’s recent decision allowing same-sex marriage in that state. The panel did, however, direct the clerk of court to issue an expedited appellate briefing schedule.

In early news coverage, The Salt Lake Tribune reports that “10th Circuit Court denies same-sex marriage stay; Court ruling gives OK for gays to keep getting marriage licenses in Utah.”

And The Associated Press has a report headlined “Federal court: No halt to gay marriages in Utah.”

Posted at 7:28 PM by Howard Bashman



“New Fair Housing Case Moves Forward…..With Judge Leon”: At WSJ.com’s “Law Blog,” Brent Kendall has this post.

Posted at 9:48 AM by Howard Bashman



“Will An Appeals Court Stop Same-Sex Couples In Utah From Marrying On Christmas Eve? With no decision from the 10th Circuit Court of Appeals at the end of the day Monday, more same-sex couples will be heading to clerks’ offices Tuesday to get married.” Chris Geidner of BuzzFeed has this report.

The Deseret News seeks to answer the question “What comes next for Utah marriage law?” A related article is headlined “About 700 marriage licenses issued in Utah since judge’s ruling; 1,500 rally to celebrate unexpected decision that led to gay weddings in Utah.”

And The Associated Press reports that “Utah turns to higher court to halt gay marriage.”

Posted at 7:51 AM by Howard Bashman



“The Constitution in 2014: The war on terrorism.” Lyle Denniston has this post, part one in a five-part series, today at the “Constitution Daily” blog of the National Constitution Center.

Posted at 7:42 AM by Howard Bashman



“Supreme Court’s same-sex marriage ruling ripples through lower courts; Gay marriage activists are winning more cases in lower courts since the Supreme Court struck down part of the Defense of Marriage Act”: This article appears today in The Los Angeles Times.

Posted at 7:40 AM by Howard Bashman



Monday, December 23, 2013

“Edward Snowden, after months of NSA revelations, says his mission’s accomplished”: Barton Gellman will have this lengthy article in Tuesday’s edition of The Washington Post.

Posted at 11:14 PM by Howard Bashman



“Same-Sex-Marriage Supporters Applaud Ohio and Utah Rulings”: This article will appear in Tuesday’s edition of The New York Times.

Posted at 11:12 PM by Howard Bashman



“Federal Court Alters Rules on Judge Assignments”: In Tuesday’s edition of The New York Times, Benjamin Weiser and Joseph Goldstein will have an article that begins, “Following public debate over how a federal judge in Manhattan came to oversee a 2008 lawsuit challenging the city’s stop-and-frisk policy, the Federal District Court in Manhattan announced on Monday new rules to make the assignment of cases more random and transparent, and to offer a means for parties to object to assignments.”

Posted at 10:28 PM by Howard Bashman



Remarks by Justice Ruth Bader Ginsburg honoring Justice Elena Kagan on the occasion of the American Association of Jewish Lawyers and Jurists Pursuit of Justice Award, December 16, 2013: Available online at this link.

Posted at 8:57 PM by Howard Bashman



“Judge Richard Arnold’s conversations with a ‘regular’ lawyer about citation to ‘unpublished’ opinions”: Attorney Elaine Mittleman had this guest post yesterday at Senior U.S. District Judge Richard G. Kopf‘s blog, “Hercules and the Umpire.”

Posted at 8:40 PM by Howard Bashman



“Supreme Court Cuts Down Tax Book; List of once-respected sources grows”: Tony Mauro of The National Law Journal has this report (registration required).

Posted at 6:25 PM by Howard Bashman



“Judge denies Utah AG’s request to halt same-sex marriages; Utah AG’s Office files third request for a stay”: Marissa Lang and Brooke Adams of The Salt Lake Tribune have this report.

The Deseret News reports that “Judge declines to issue stay in same-sex marriage ruling; Hundreds obtain marriage licenses; attorney says decision leaves Utah in ‘chaos.’

And The New York Times reports that “Judge Allows Same-Sex Weddings to Continue in Utah.”

Posted at 5:20 PM by Howard Bashman



“Another GSK Venue Question Sent to Third Circuit”: Saranac Hale Spencer has this front page article in today’s edition of The Legal Intelligencer, Philadelphia’s daily newspaper for lawyers.

According to the article, “The plaintiffs in [the first of two cases certified to the U.S. Court of Appeals for the Third Circuit for interlocutory appeal by permission] plan to submit their petition for permission to appeal to the Third Circuit today, according to Howard Bashman, who is representing them for the appeal.”

My clients’ petition for permission to appeal filed today has now been docketed by the Third Circuit in that case, and you can access a copy at this link.

Posted at 3:45 PM by Howard Bashman



“Supreme Court preview: Recess appointments and Anna Nicole Smith’s legacy.” Scott Bomboy has this post today at the “Constitution Daily” blog of the National Constitution Center.

Posted at 7:02 AM by Howard Bashman



“After nearly a year, state Supreme Court Justice Loughry loves everything about job”: The Charleston (W. Va.) Daily Mail has this report.

Posted at 7:00 AM by Howard Bashman



Sunday, December 22, 2013

“Utah tries again Monday to halt same-sex marriages; Monday hearing set on request to stay ruling as couples line up for licenses”: Brooke Adams of The Salt Lake Tribune has this report.

Posted at 11:32 PM by Howard Bashman



“With four justices retiring, control of state Supreme Court could become election issue for next governor”: This article appears today in The Miami Herald.

Posted at 11:23 PM by Howard Bashman