How Appealing



Friday, December 13, 2013

“The Golden Touch: When law professor Kathleen Sullivan joined Quinn Emanuel, it wasn’t clear that the relationship would work; It has.” Susan Beck has this cover story in the December 2013 issue of The American Lawyer.

Posted at 9:04 PM by Howard Bashman



“Court grants two cases”: Lyle Denniston has this post at “SCOTUSblog.”

You can access today’s Order List of the U.S. Supreme Court at this link.

In other coverage, Greg Stohr of Bloomberg News reports that “Worker Stock Suits Get Supreme Court Review in Bank Case.”

Lawrence Hurley of Reuters reports that “U.S. justices agree to hear bank’s class-action appeal” and “U.S. top court agrees to weigh bank fraud case.”

And The Associated Press reports that “Court to decide whether lawsuit can move forward.”

Posted at 2:06 PM by Howard Bashman



“Blagojevich appeal: How to tell ‘legal and straight from a federal offense?'” The Chicago Tribune has this news update.

The Chicago Sun-Times has a news update headlined “Appellate judges lob tough questions about Blagojevich prosecution.”

And The Associated Press reports that “Judges hear arguments in Blagojevich appeal.”

You can access via this link (10.6MB mp3 audio file) the audio of today’s oral argument before a three-judge panel of the U.S. Court of Appeals for the Seventh Circuit that included Circuit Judge Frank H. Easterbrook.

Posted at 2:05 PM by Howard Bashman



“Supreme Court Prepares To Wade Into ‘La Brea Tar Pits’ Of Software Patents”: Daniel Fisher has this post today at Forbes.com.

Posted at 12:58 PM by Howard Bashman



“Senate Moves on Judicial, Executive Confirmations”: Todd Ruger has this post today at “The BLT: The Blog of Legal Times.”

Posted at 12:50 PM by Howard Bashman



“The Most Important Legal Stories of 2013: This year’s lesson is that some courtroom battles must be fought over and over again, from one generation to the next.” Andrew Cohen has this essay online today at The Atlantic.

Posted at 12:40 PM by Howard Bashman



“Embracing the Fight: A Portrait of Alan Dershowitz After 50 Years at Harvard Law School.” Dev A. Patel has this article today in The Harvard Crimson.

According to the article, “In one week, Dershowitz will retire from a 50-year career at the Law School during which he taught more than 10,000 students, including many who have gone on to join him on the faculty.”

Posted at 12:30 PM by Howard Bashman



“High court upholds $12.75M award to ex-Seattle firefighter; The firefighter was injured after falling through a pole hole at his fire station 10 years ago; The state Supreme Court Thursday uphold the earlier jury verdict, which the city and its insurer have repeatedly fought”: The Seattle Times has this report on a ruling that the Washington State Supreme Court issued yesterday.

Posted at 8:56 AM by Howard Bashman



“Tricky case before Minnesota top court: Drunken driver who fled abuser; Woman who drove drunk to flee abuser argues that her license shouldn’t have been revoked.” The Minneapolis Star Tribune has this report.

Posted at 8:47 AM by Howard Bashman



“Tom Chambers, former state Supreme Court justice, dies; Tom Chambers, a 12-year state Supreme Court justice who retired last year while battling throat and mouth cancer, died at his home on Lake Sammamish late Wednesday; He was 70”: The Seattle Times has this obituary.

Posted at 8:32 AM by Howard Bashman



Thursday, December 12, 2013

“Judge: Mt. Soledad cross must come down.” The San Diego Union-Tribune has a news update that begins, “A San Diego federal judge ruled Thursday that the cross atop Mount Soledad is unconstitutional, although the chances of the controversial La Jolla monument coming down anytime soon are unlikely.”

The Los Angeles Times has a news update headlined “Judge orders Mt. Soledad cross removed but allows appeals.”

Reuters reports that “U.S. judge orders landmark California cross taken down.”

And The Associated Press reports that “Judge orders removal of San Diego war cross.”

I have posted online at this link the ruling that U.S. District Judge Larry Alan Burns of the Southern District of California issued today.

Judge Burns notes in his decision that he originally ruled that the monument could remain, only to be reversed by the Ninth Circuit. Judge Burns also notes that U.S. Supreme Court review remains a possibility.

Posted at 8:45 PM by Howard Bashman



“Legal battle over gay marriage moves to the South; Virginia gay, lesbian couples begin same-sex marriage fight that may lead to Supreme Court”: Richard Wolf of USA Today has this report.

Posted at 6:12 PM by Howard Bashman



In jurisprudence essays available online at Slate: Law professors Kal Raustiala and Christopher Jon Sprigman have an essay titled “Beauty and the Beasties: The Beastie Boys should lose their GoldieBlox challenge — and they’ll lose even if they win.”

Sam Kleiner has an essay titled “Not Even Lance Deserves This: How the government is using the war on terror to go after him for millions.”

And Imran J. Syed has an essay titled “Doubly Wronged in Detroit: Because the city is broke, Dwayne Provience won’t get compensated for the decade he spent in prison for a murder he didn’t commit.”

Posted at 5:06 PM by Howard Bashman



“Aereo Urges U.S. Supreme Court to Hear Broadcast TV Case”: Greg Stohr of Bloomberg News has this report.

Variety has a report headlined “Aereo to Broadcasters: Go Ahead, Take the Case to Supreme Court.”

c|net has a report headlined “Aereo to broadcasters: Supreme Court? Bring it on; Aereo will not oppose broadcast networks’ petition for the US Supreme Court to rule on the service’s legal merits, but getting to the Supreme Court is still a long shot.”

The Verge reports that “Aereo wants to fight broadcasters before the Supreme Court.”

And at the “Hollywood, Esq.” blog of The Hollywood Reporter, Eriq Gardner has a post titled “Aereo Won’t Oppose Supreme Court Battle; The digital streaming company responds to broadcasters’ attempts to interest the high court in a battle that could reshape the TV industry.”

Posted at 4:55 PM by Howard Bashman



“Class actions deliver more money to more people than arbitration: CFPB.” Alison Frankel’s “On the Case” from Thomson Reuters News & Insight has this report today.

Posted at 4:45 PM by Howard Bashman



“It’s a New York state of mind for some Supreme Court justices”: Robert Barnes has this article in today’s edition of The Washington Post.

At “The Volokh Conspiracy,” John Elwood has a related post titled “The Not-So-Hypothetical.”

And in other news coverage, Lawrence Hurley of Reuters reports that “U.S. Supreme Court wrestles with child abduction case.”

You can access at this link the transcript of yesterday’s U.S. Supreme Court oral argument in Lozano v. Montoya Alvarez, No. 12-820.

Posted at 2:22 PM by Howard Bashman



“Chief Judge For 9th Circuit Cites ‘Epidemic’ Of Prosecutor Misconduct”: Radley Balko has this post at his “The Agitator” blog.

Posted at 2:16 PM by Howard Bashman



“Nina Pillard, Georgetown Law Professor, Confirmed to D.C. Circuit”: Todd Ruger has this post at “The BLT: The Blog of Legal Times.”

Posted at 9:44 AM by Howard Bashman



For those of you still filing federal appellate briefs that contain a separate “Statement of the Case” and “Statement of Facts”: That’s soooooo pre-December 1, 2013. On that date, amendments to Federal Rule of Appellate Procedure 28 took effect “remov[ing] the requirement that an appellant’s brief contain separate statements of the case and of the facts” and instead providing that “a single statement of the case must include the relevant factual and procedural history as well as identify the rulings to be reviewed.” (The foregoing quotes are from this helpful primer that the Fifth Circuit‘s clerk’s office recently issued.)

Consequently, nouveau appellate advocates will no longer be left to ponder the endlessly entertaining riddle of how one can or should state “the case” without simultaneously stating “the facts.” On further review, the unquestionably brilliant minds behind the Federal Rules of Appellate procedure have decided that the “Statement of the Case” can and should include the facts.

Posted at 9:00 AM by Howard Bashman



“Senate set to pull all-nighter, approves federal appeals court nominee”: CNN.com has this report, which notes that “The first vote in the extended session came shortly after 1 a.m. ET as the Senate approved 51-44 the nomination of Nina Pillard to serve on the federal appeals court in Washington.”

Update: You can access the official U.S. Senate roll call vote tally at this link.

In recognition of the time at which her confirmation occurred, the formal investiture ceremony for D.C. Circuit Judge Cornelia T.L. Pillard will take place at 1:05 a.m. on a date yet to be announced. The invitations will note that semi-formal attire or pajamas will be appropriate.

After Circuit Judge Pillard establishes herself at the D.C. Circuit as the “fraulein of FERC” and compiles a record of decisions even more moderate than that of California Supreme Court Justice Goodwin Liu, she will be confirmed to the U.S. Supreme Court by a one-third vote (the minimum required once the Senate approved the so-called armageddon option), where she will then be free to “evolve.”

Posted at 7:36 AM by Howard Bashman



Wednesday, December 11, 2013

“How These 5 Dirtbags Radically Advanced Your Digital Rights”: David Kravets has this post today at Wired.com’s “Threat Level” blog.

Posted at 9:58 AM by Howard Bashman



“Rocker judge juggles tech policy, Supreme Court and the Stones”: Dan Levine of Reuters has a report that begins, “In the cloistered federal appeals courts, where cameras are taboo and life-tenured judges toil in seclusion, Randall Rader relishes his persona as a hard-charging front man.”

According to the article, “Rader suffered what he calls the biggest failure of his career in the case now under the Supreme Court’s microscope, which involves software patents.”

Posted at 9:50 AM by Howard Bashman