How Appealing

Monday, June 9, 2014

“Supreme Court Rules Against Residents in Environmental Lawsuit Case; Top Court Says Federal Superfund Law Doesn’t Trump State Time Limits on Lawsuits”: Brent Kendall of The Wall Street Journal has this report.

Richard Wolf of USA Today reports that “Justices’ water pollution ruling may deny Marine vets.”

Michael Doyle of McClatchy Washington Bureau reports that “Supreme Court ruling muddies water in Lejeune pollution case.”

The Citizen-Times of Asheville, North Carolina reports that “Supreme Court rules against homeowners in CTS case.”

And Jeremy P. Jacobs of Greenwire reports that “Supreme Court rules for industry in fight over contaminated groundwater.”

Posted at 8:07 PM by Howard Bashman

“Terrorism suspect’s lawyer clashes with appeals judge in do-over”: Steve Schmadeke of The Chicago Tribune has a news update that begins, “At an unusual do-over at the federal appeals court in Chicago, judges heard oral arguments today for the second time in less than a week in a local terrorism case that has received national interest.”

And The Associated Press reports that “Rare redo in terrorism records case gets combative.”

You can access the audio of today’s oral argument before a three-judge panel of the U.S. Court of Appeals for the Seventh Circuit via this link (7.54 MB mp3 audio file).

Posted at 7:58 PM by Howard Bashman

“Tobacco Companies Rejected by High Court on Florida Suits”: Greg Stohr of Bloomberg News has this report, along with an article headlined “Wells Fargo Rejected by Top Court on $148 Million Tax Bid.”

Reuters has reports headlined “U.S. top court leaves intact jury verdicts against big tobacco“; “U.S. top court rejects Accenture trade secrets appeal“; and “U.S. Supreme Court declines to hear Wells Fargo-IRS tax squabble.”

And at “SCOTUSblog,” Lyle Denniston has a post titled “Court won’t review tobacco verdicts — again.”

Posted at 7:48 PM by Howard Bashman

“Supreme Court Decides Case With Echoes Of Anna Nicole Smith Bankruptcy”: Daniel Fisher has this post online today at

Posted at 7:32 PM by Howard Bashman

“The Supreme Court Deals Radical Conservatives a Foreign-Policy Setback: And hardly anyone notices.” Simon Lazarus has this essay online today at The New Republic.

Posted at 7:20 PM by Howard Bashman

“Del. Supreme Court Justice Berger to retire; She was the first female member of the Court of Chancery and state Supreme Court”: Sean O’Sullivan of The News Journal of Wilmington, Delaware has an update that begins, “Delaware Supreme Court Justice Carolyn Berger will retire on Sept. 1, joining a sudden wave of departures from the state’s highest court.”

Posted at 7:18 PM by Howard Bashman

“Supreme Court: Texas can withhold drug source name.” The Associated Press has a report that begins, “The U.S. Supreme Court on Monday refused an appeal from a Texas death row inmate whose attorneys had demanded that state officials disclose the source of drugs intended to execute him.”

Posted at 4:55 PM by Howard Bashman

“U.S. Supreme Court refuses to stop BP oil spill payments”: The Times-Picayune of New Orleans has this news update.

Greg Stohr of Bloomberg News reports that “BP Rejected by Supreme Court on Gulf Payments Reprieve.”

Lawrence Hurley of Reuters reports that “U.S. top court declines to block BP spill payments.”

The Associated Press has a report headlined “Supreme Court: BP must pay claims during appeal.”

And at “SCOTUSblog,” Lyle Denniston has a post titled “Court turns aside BP payments protest.”

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

Posted at 2:40 PM by Howard Bashman

Access online today’s rulings in argued cases of the U.S. Supreme Court: The Court today issued rulings in three argued cases.

1. Justice Elena Kagan announced the judgment of the Court and delivered an opinion in which Justices Anthony M. Kennedy and Ruth Bader Ginsburg joined in Scialabba v. Cuellar de Osorio, No. 12-930. Chief Justice John G. Roberts, Jr. issued an opinion concurring in the judgment, in which Justice Antonin Scalia joined. Justice Samuel A. Alito, Jr. issued a dissenting opinion. And Justice Sonia Sotomayor issued a dissenting opinion, in which Justice Stephen G. Breyer joined in full and in which Justice Clarence Thomas joined except as to a footnote. You can access the oral argument via this link.

2. Justice Thomas delivered the opinion for a unanimous Court in Executive Benefits Ins. Agency v. Arkison, No. 12-1200. You can access the oral argument via this link.

3. Justice Kennedy delivered the opinion of the Court in large measure in CTS Corp. v. Waldburger, No. 13-339. Justices Sotomayor and Kagan joined the opinion in full. Chief Justice Roberts and Justices Scalia, Thomas, and Alito joined the opinion in large measure. Justice Scalia issued an opinion concurring in part and concurring in the judgment, in which Chief Justice Roberts and Justices Thomas and Alito joined. And Justice Ginsburg issued a dissenting opinion, in which Justice Breyer joined. You can access the oral argument via this link.

In early news coverage, The Associated Press has reports headlined “Court: Children over 21 go to back of visa line“; “High court rules on scope of bankruptcy authority“; and “Court rules against homeowners in toxic water case.”

Posted at 10:04 AM by Howard Bashman

“Obama’s Shocking Success on Judgeships Overturns Conventional Wisdom; Quietly but persistently, Obama and the Democratic Party have won approval for federal judicial nominees at a rate that outdoes either of Obama’s predecessors”: Law professor David Fontana has this essay online today at The Daily Beast.

Posted at 7:29 AM by Howard Bashman