How Appealing



Friday, January 24, 2014

“Conservatives’ sentencing law gets a grilling at Supreme Court hearing”: Sean Fine has this article today in The Toronto Globe and Mail.

Posted at 8:24 AM by Howard Bashman



Thursday, January 23, 2014

“Orange County lawyer disbarred for possessing child pornography”: Maura Dolan of The Los Angeles Times has this news update.

The Associated Press has a report headlined “Court: Lawyers will be disbarred over child porn.”

And at her “Trial Insider” blog, Pamela A. MacLean — who previously wrote a lengthy article about the case for California Lawyer magazine — has a post titled “Child Porn Possession Means Lawyer Disbarment in All Cases.”

You can access today’s unanimous ruling of the Supreme Court of California at this link.

Posted at 4:55 PM by Howard Bashman



“MBS investors bring in Paul Clement to appeal N.Y. timeliness opinion”: Alison Frankel’s “On the Case” from Thomson Reuters News & Insight has this report today.

Posted at 4:48 PM by Howard Bashman



“High-court majority reaffirms Freshwater’s dismissal”: The Columbus Dispatch has an article that begins, “The Ohio Supreme Court will not revisit its 4-3 decision that found a Mount Vernon teacher was legally dismissed for insubordination when he refused to remove religious symbols from his classroom.”

My earlier coverage of the ruling appears at this link.

Posted at 1:46 PM by Howard Bashman



“Constitution Check: Has the Supreme Court already settled the fate of gay marriage bans?” Lyle Denniston has this post today at the “Constitution Daily” blog of the National Constitution Center.

Posted at 1:35 PM by Howard Bashman



“Opinion analysis: Justices unimpressed with Federal Circuit’s mastery of federal procedure curriculum.” Ronald Mann has this post today at “SCOTUSblog.”

Posted at 12:14 PM by Howard Bashman



“Circuit Split Watch: Are ‘Boobies’ Bracelets the New Black Armbands?” Michelle Olsen has this post today at her “Appellate Daily” blog.

Posted at 10:28 AM by Howard Bashman



“Drugmakers May Face Liability For Design Defects in Pa. Court”: Max Mitchell has this front page article, in which I am quoted, in today’s edition of The Legal Intelligencer, Philadelphia’s daily newspaper for lawyers.

And today at the defense-oriented “Drug and Device Law” blog, James M. Beck has a post titled “Lance — If This Is Negligence, Who Needs Strict Liability?

Tuesday’s ruling of the Supreme Court of Pennsylvania in this case, in which I represented the plaintiff on appeal, consisted of a majority opinion and a dissenting opinion.

The following merits briefs filed in Pennsylvania’s highest court in this case can be accessed online: (1) Wyeth’s Brief for Appellant; plaintiff’s Brief for Appellee/Cross-Appellant; the amicus brief of the American Association for Justice and the Pennsylvania Association for Justice in support of plaintiff; Wyeth’s Reply Brief for Appellant/Brief for Cross-Appellee; and the plaintiff’s Reply Brief for Cross-Appellant.

In addition to The Legal Intelligencer, thus far Dan Packel of Law360 (subscription required for full access) and Jessica Dye of Reuters (subscription required to access) have reported on the ruling. And Bloomberg BNA’s Product Safety & Liability Reporter (subscription required) is also preparing a report on the decision.

Posted at 10:24 AM by Howard Bashman



“Supreme Court will hear Fifth Third 401(k) lawsuit; Employees: Bank knew stock too risky for 401(k).” The Cincinnati Enquirer has this report.

Posted at 8:45 AM by Howard Bashman



“Drakes Bay Oyster Co. files court action to remain open while preparing for Supreme Court”: The Marin Independent Journal has this report.

Posted at 8:42 AM by Howard Bashman



“Supreme Court ruling on Abramski could limit Obama’s radical, gun-control aims; ATF using straw purchase law to expand government control of private firearms transfers”: Columnist Emily Miller has this essay online at The Washington Times.

Posted at 8:34 AM by Howard Bashman



“Anti-abortion group seeks Supreme Court changes; Selection of justices key to fight against abortion, group says”: The Topeka Capital-Journal has this report.

Posted at 8:29 AM by Howard Bashman



“Supreme Court considers who should pay damages to child-porn victim; The justices are asked to decide whether the Crime Victims’ Rights Act should let a child-pornography victim collect $3.4 million in damages from one of thousands who had photos of her rape”: David G. Savage has this article today in The Los Angeles Times.

The Dallas Morning News reports today that “Supreme Court struggles to determine how to compensate child-porn victim.”

And Cheryl Wetzstein of The Washington Time reports that “Supreme Court struggles with restitution for child porn.”

Posted at 8:26 AM by Howard Bashman



Wednesday, January 22, 2014

“Supreme Court denies stay of execution in Texas for Mexican”: Reuters has a report that begins, “The U.S. Supreme Court denied a stay of execution for Mexican national Edgar Tamayo on Wednesday, allowing Texas to put to death the convicted killer who is also at the center of a diplomatic dispute.”

You can view this evening’s order of the U.S. Supreme Court at this link.

Posted at 10:32 PM by Howard Bashman



“Supreme Court weighs how much one person should pay pornography victim”: Robert Barnes will have this article in Thursday’s edition of The Washington Post.

And Warren Richey of The Christian Science Monitor has an article headlined “Child porn: $3.4 million for two photos? Court grapples with restitution; The US Supreme Court hears arguments on whether consumers of child pornography should pay full restitution for the harm caused the child victim — or some proportional share.”

Posted at 9:30 PM by Howard Bashman



“How Much Does Doyle Paroline Owe? He possessed two pornographic pictures of 8-year-old ‘Amy’; Should he pay her $3.4 million in restitution? Or $0?” Emily Bazelon has this jurisprudence essay online at Slate.

Posted at 7:36 PM by Howard Bashman



“Court: Marotta is a father, not merely a sperm donor; Man responding to Craigslist ad now responsible for child support.” The Topeka Capital-Journal has this news update.

Posted at 5:54 PM by Howard Bashman



Appellate pet peeve: Why not install the italics font pack? Much more frequently than I would prefer, I see appellate briefs and motions filed by major law firms that simply use slanted plain text for italics in place of actually installing and using the italics font pack for the font that the document’s author has elected to use.

Compare the italics used in this important rehearing petition (italics font pack not installed) filed today in the Seventh Circuit with the italics used on page one of Justice Stephen G. Breyer’s opinion (italics font pack installed) that a unanimous U.S. Supreme Court issued today in Medtronic Inc. v. Boston Scientific Corp., No. 12-1128.

One readily identifiable difference is how an italicized lower case “a” appears if the italics font pack has or has not been installed. If the italicized font pack is good enough for the U.S. Supreme Court to use, then it is good enough for practicing lawyers to use as well. Just one appellate lawyer’s humble opinion.

Posted at 5:50 PM by Howard Bashman