How Appealing



Sunday, August 31, 2014

“Gov. Sam Brownback names former legal counsel Caleb Stegall to the Kansas Supreme Court”: Brad Cooper had this article in yesterday’s edition of The Kansas City Star. Last September, Cooper had a related article headlined “Kansas Court of Appeals nominee Caleb Stegall has been labeled a ‘crunchy con.’

In yesterday’s edition of The Topeka Capital Journal, Tim Carpenter had an article headlined “Brownback names Stegall to Kansas Supreme Court; Former aide was among three finalists for job.”

And The Wichita Eagle reported yesterday that “Gov. Sam Brownback names former aide Caleb Stegall to Supreme Court.”

Posted at 8:40 PM by Howard Bashman



“Texas looks to Supreme Court to block Confederate license plates”: Today’s edition of The Dallas Morning News contains an article that begins, “The legal sparring between Texas and supporters of a Confederate battle flag license plate has rumbled into its fifth year, even longer than the Civil War.”

Posted at 11:34 AM by Howard Bashman



Saturday, August 30, 2014

In posts of interest from Eriq Gardner at the “Hollywood, Esq.” blog of The Hollywood Reporter: Yesterday he had a post titled “Aereo Tells Judge It Can Beat Lawsuit Despite Supreme Court Ruling; The digital company also renews a challenge to the irreparable harm faced by TV broadcasters.”

And on Thursday he had a post titled “MLB Swings for Appeal in Lawsuit That Could Shake Up Sports Broadcasting; The professional baseball league wants to present the issue of whether its antitrust exemption applies to territorial broadcast rules.”

Posted at 10:33 PM by Howard Bashman



“Prosecutor’s ‘lesbian’ argument wins new trial for maid”: Bob Egelko of The San Francisco Chronicle has an article that begins, “When a live-in household maid was charged with molesting her employers’ young daughter, the prosecutor told the jury her motive was that she was a lesbian, ‘attracted to females’ of any age. That argument was both scientifically unfounded and prejudicial, a state appeals court said Thursday in overturning the woman’s conviction and 16-year prison sentence.”

And The Orange County Register reports that “Insinuations about defendant’s sexuality tainted trial, court rules; Orange County prosecutor had argued woman was a lesbian, which was ‘motive’ to molest girl.”

Associate Justice William W. Bedsworth wrote Thursday’s ruling of the California Court of Appeal for the Fourth Appellate District.

Posted at 9:12 PM by Howard Bashman



“California Governor Appeals Court Ruling Overturning Protections for Teachers”: Sunday’s edition of The New York Times will contain an article that begins, “Wading into an intense national battle that has pitted teacher unions against a movement to weaken tenure protections, Gov. Jerry Brown has appealed a California judge’s sweeping ruling that threw out teacher job protection laws on the ground that they deprived students of their constitutional rights.”

Posted at 8:57 PM by Howard Bashman



Friday, August 29, 2014

“Court revives lawsuit in fatal police shooting in Anaheim; Appeals court says jury must decide whether officers acted reasonably in the death of Caesar Cruz in 2009”: The Orange County Register has this report.

Maura Dolan of The Los Angeles Times reports that “Appeals court revives suit against Anaheim police in fatal shooting.”

And Bob Egelko of The San Francisco Chronicle reports that “Family’s lawsuit over killing by cops reinstated by U.S. court.”

Chief Judge Alex Kozinski wrote yesterday’s ruling of the U.S. Court of Appeals for the Ninth Circuit on behalf of a unanimous three-judge panel.

Posted at 1:28 PM by Howard Bashman



“D.C. appellate judges and the art of judicial writing”: Michael Doyle of McClatchy Washington Bureau has this post today at his “Suits & Sentences” blog.

Posted at 1:00 PM by Howard Bashman



“State Licensing Boards Under Fire From Within”: In yesterday’s edition of The Wall Street Journal, Angus Loten and Sarah E. Needleman had an article that begins, “The Supreme Court will take up an antitrust case this fall that could curb the proliferation of state licenses, a top worry for U.S. small-business owners and entrepreneurs.”

Posted at 8:17 AM by Howard Bashman



Thursday, August 28, 2014

“The Extreme Partisanship of John Roberts’s Supreme Court: Like Barack Obama, the chief justice came into office promising an age of apolitical comity; And like the president, he has seen his dream die.” Law professor Garrett Epps has this essay online at The Atlantic.

Posted at 10:54 AM by Howard Bashman



Wednesday, August 27, 2014

“Florida court fast-tracks key gay marriage case to state Supreme Court; In a somewhat unusual move, a Florida court directly referred a case involving the divorce of a same-sex couple to the state Supreme Court; The high court’s decision could make Florida the 20th state to legalize gay marriage”: Warren Richey of The Christian Science Monitor has this report.

Posted at 10:18 PM by Howard Bashman



“Checking In on the Town of Greece: The town set a new prayer policy, and — surprise, surprise — it doesn’t include atheists.” Dahlia Lithwick has this jurisprudence essay online at Slate.

Posted at 9:30 PM by Howard Bashman



“Court to FedEx: Your drivers are full time, entitled to benefits.” Bob Egelko of The San Francisco Chronicle has this news update.

Howard Mintz of The San Jose Mercury News has an update headlined “Lawsuit targeting FedEx-driver work conditions can proceed.”

Amanda Becker of Reuters reports that “U.S. court clears FedEx Ground drivers to pursue wage, benefit claims.”

Dave Jamieson of The Huffington Post reports that “Reagan Appointee ‘Unravels FedEx’s Business Model’ In Court Ruling.”

Today a unanimous three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued two related decisions in these cases, and you can access the rulings here and here.

Posted at 8:40 PM by Howard Bashman



“A bench slap portends trouble in paradise”: Last Friday at his “Hercules and the Umpire” blog, Senior U.S. District Judge Richard G. Kopf had a post that begins “This post is about politics within the federal judiciary. It also about pecking order within the hierarchy of the federal judiciary. While I don’t care a bit about the substantive issue, the dispute I am about describe is fascinating because it has the potential of setting up a battle of judicial titans and I am a voyeur.”

Posted at 8:02 PM by Howard Bashman



“Plebiscite appeal heard: 9th Circuit judges take on political status vote.” The Pacific Daily News of Guam has this report.

A photograph accompanying the article shows that Circuit Judge N. Randy Smith did his usual pre-argument courtroom meet-and-greet before the session began.

Posted at 7:58 PM by Howard Bashman