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 Forbes.com.

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



Sunday, June 8, 2014

“Wisconsin Supreme Court imposes time limits on debate to clear backlog”: Patrick Marley of The Milwaukee Journal Sentinel has this report.

Posted at 11:58 PM by Howard Bashman



“Clinton Library release of papers on Ginsburg, Breyer nominations offer insight, some fun”: Robert Barnes will have this new installment of his “The High Court” column in Monday’s edition of The Washington Post.

Posted at 11:56 PM by Howard Bashman



“A Victory for ‘Religious Freedom’ is a Loss for Religion: A version of the Golden Rule is at the heart of every religion; But now, in the name of religion, some people want to add an asterisk.” The Right Rev. V. Gene Robinson has this essay online today at The Daily Beast.

Posted at 10:07 AM by Howard Bashman



“Justice Alito’s vote will be key in 3 cases challenging Obama’s power”: David G. Savage and Timothy M. Phelps have this front page article in today’s edition of The Los Angeles Times.

Posted at 7:28 AM by Howard Bashman



Saturday, June 7, 2014

“James Risen case: The Supreme Court stiffs the press — or maybe not.” Michael McGough has this essay online at The Los Angeles Times.

Posted at 10:58 AM by Howard Bashman



“Corporate lawyer tapped for Supreme Court spot”: Today’s edition of The News Journal of Wilmington, Delaware contains an article that begins, “Wilmington corporate attorney Karen L. Valihura, 51, of Centerville has been nominated by Gov. Jack Markell to fill the upcoming vacancy on the Delaware Supreme Court.”

Posted at 10:56 AM by Howard Bashman



Friday, June 6, 2014

“‘Cold Fish’ Memo on Justice Breyer Surfaces in Clinton Papers”: Jess Bravin has this post at WSJ.com’s “Washington Wire” blog.

Posted at 9:02 PM by Howard Bashman



“Appeals court to redo terror case hearing that went unrecorded”: The Chicago Tribune has a news update that begins, “In an unprecedented mulligan, the federal appeals court in Chicago decided to redo oral arguments in a local terrorism case after it was revealed earlier this week that court personnel failed to record the initial hearing.”

And Josh Gerstein of Politico.com has a blog post titled “Court orders rare re-do in surveillance case.”

You can access today’s order of the U.S. Court of Appeals for the Seventh Circuit at this link.

Posted at 8:54 PM by Howard Bashman



“Judges’ Financial Reports Reveal Extensive Travel; Judges navigate ethics rules when they travel”: Zoe Tillman will have this article in Monday’s edition of The National Law Journal.

Posted at 6:11 PM by Howard Bashman



Programming note: I am visiting an appellate client located out-of-town today. As a result, additional posts will appear here this evening.

Posted at 7:12 AM by Howard Bashman



“More Clinton White House records to be released”: The Associated Press has this article, which reports that the documents to be released today cover “a wide range of topics including * * * the Supreme Court nominations of Justices Ruth Bader Ginsburg and Stephen Breyer.”

Posted at 7:08 AM by Howard Bashman



“Aereo wants a TV revolution, if the Supreme Court will let it; Can a daring entrepreneur from Newton and his team of technologists upend the way we watch TV? Only if the Supreme Court doesn’t quash their idea first.” This article will appear in this upcoming Sunday’s edition of The Boston Globe’s Globe Sunday magazine.

Posted at 6:52 AM by Howard Bashman



Thursday, June 5, 2014