How Appealing



Thursday, August 14, 2014

“EMS Response Time Reviewed After Dan Markel 911 Call”: ABC affiliate WTXL-TV of Tallahassee, Florida has this report today.

Posted at 3:58 PM by Howard Bashman



“We also hold that the blanket, categorical denial of medically indicated surgery solely on the basis of an administrative policy that ‘one eye is good enough for prison inmates’ is the paradigm of deliberate indifference.” So holds the majority on a divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit in a ruling issued today.

Posted at 1:25 PM by Howard Bashman



Seventh Circuit opinion issued today contains a “spoiler alert” for the resolution of the final movie in the Batman trilogy, “The Dark Knight Rises”: You can access today’s ruling of the U.S. Court of Appeals for the Seventh Circuit at this link.

Update: In other coverage, at the “Hollywood, Esq.” blog of The Hollywood Reporter, Eriq Gardner has a post titled “Warner Bros. Wins Appeal Over Fictional Technology in ‘Dark Knight Rises’; Catwoman’s favorite piece of software won’t confuse those who wish to purchase a ‘clean slate.’

Posted at 1:20 PM by Howard Bashman



“Girl trouble: Gender and the Justices.” Steven Mazie had this post last week at the “Democracy in America” blog of The Economist magazine.

Posted at 12:11 PM by Howard Bashman



“Constitution Check: Will there be more Obama appointees on the Supreme Court?” Lyle Denniston has this post today at the “Constitution Daily” blog of the National Constitution Center.

Sahil Kapur of TPM DC has a report headlined “The Enormous, Unbelievable Stakes For The Supreme Court In 2016.”

And at “The Fix” blog of The Washington Post, Philip Bump has an essay titled “If Obama thinks Justice Ginsburg will retire soon to help Democrats, he’s probably wrong.”

Posted at 12:06 PM by Howard Bashman



Wednesday, August 13, 2014

“Supreme Court Advocate Sees Urgency in Marriage Fight”: Marcia Coyle of The National Law Journal has a Supreme Court Brief that begins, “The gay couples who successfully challenged Utah’s ban on same-sex marriages have tapped Hogan Lovell’s Neal Katyal to make their arguments in the U.S. Supreme Court, now that the state has asked the justices to hear its appeal.”

Posted at 11:00 PM by Howard Bashman



“Judge Mark Fuller’s cases reassigned after arrest”: Brian Lyman of The Montgomery Advertiser has a news update that begins, “The 11th Circuit Court of Appeals has reassigned cases pending before U.S. District Judge Mark Fuller, following the judge’s arrest in Georgia Sunday on charges of misdemeanor battery.”

The Associated Press has a report headlined “No new cases for arrested Alabama federal judge.” According to The AP’s report, “Kelli Fuller told police that her husband became violent after she accused him of having an affair with a law clerk in his Montgomery office. She said he pulled her hair, threw her to the ground and dragged her, kicked her and struck her several times in the face.” The article then provides Judge Fuller’s version of events.

Earlier, The Atlanta Journal-Constitution reported that “Domestic violence arrest unlikely to remove federal judge from bench.”

And yesterday, the U.S. Court of Appeals for the Eleventh Circuit issued an “Announcement Regarding Status of District Judge Mark E. Fuller“.

Posted at 8:32 PM by Howard Bashman



Tuesday, August 12, 2014

“Florida governor’s race will also shape the direction of state Supreme Court for years to come”: The Associated Press has this report.

Posted at 2:20 PM by Howard Bashman



“U.S. Supreme Court asks board to take ‘appropriate action’ in lawyer’s appeal for Ballard; U.S. Supreme Court sends murderer’s complaint to Disciplinary Board”: Riley Yates has this front page article in today’s edition of The Morning Call of Allentown, Pennsylvania.

And at “SCOTUSblog,” Lyle Denniston has a post titled “Court hands off feud about murder appeal.”

Posted at 1:34 PM by Howard Bashman



“Impeached Pa. Supreme Court justice dead”: Adam Brandolph and Brad Bumsted of The Pittsburgh Tribune-Review have a news update that begins, “Rolf Larsen, the only Pennsylvania Supreme Court Justice removed from office by the Senate in 226 years, died Monday at the Charles Morris Nursing and Rehabilitation Center in Squirrel Hill, an employee at the center said.”

And Marylynne Pitz and Paula Reed Ward of The Pittsburgh Post-Gazette have a news update headlined “Rolf Larsen, former state Supreme Court justice, dies.”

Posted at 12:58 PM by Howard Bashman



Monday, August 11, 2014

“In Silicon Valley, Lucy Koh is the law”: Today’s edition of The San Francisco Chronicle contains an article that begins, “If there is one thing Lucy Koh will never live down, it’s that time she asked a lawyer in her court if he was smoking crack.”

Posted at 11:12 PM by Howard Bashman



“Court resurrects Arizona death-row inmate’s suit”: The Associated Press has a report that begins, “An appeals court has resurrected a lawsuit by an Arizona death-row inmate who alleged a prison officer violated his constitutional rights by reading a letter he wrote to his lawyer.”

You can access today’s ruling of a divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit at this link.

Posted at 10:20 PM by Howard Bashman



“Obama expects chance to fill Supreme Court vacancies”: Josh Gerstein of Politico.com has a blog post that begins, “President Barack Obama told supporters Monday that he expects to have the chance to nominate new justices to the Supreme Court before he is set to leave office in 2017.”

Posted at 9:00 PM by Howard Bashman



“Chief Justice: Lawyers should mend partisan divide.” The Associated Press has a report that begins, “U.S. Supreme Court Chief Justice John Roberts, speaking at the American Bar Association’s annual meeting Monday, said lawyers should play a key role in mitigating the ‘sharp partisan divides’ that have shaken public faith in government.”

And at the ABA Journal’s “Law News Now” blog, Terry Carter has a post titled “Magna Carta should inspire lawyers to rise above partisanship, solve problems, chief justice says.” The post contains a video of Chief Justice Roberts’s remarks.

Posted at 3:15 PM by Howard Bashman



“Judge accused of Atlanta hotel assault on wife granted bond”: The Atlanta Journal-Constitution has a news update that begins, “A $5,000 signature bond has been set for a federal judge from Alabama and he was told Monday to return to Atlanta Aug. 22 for a hearing on a misdemeanor charge of assaulting his wife at an upscale downtown hotel.”

And The Montgomery Advertiser has a news update headlined “Federal judge Mark Fuller released from Atlanta jail.”

Posted at 2:20 PM by Howard Bashman



“Guideline 3 as applied to [attorney] Dwyer’s accurate quotes from judicial opinions thus violates his First Amendment right to advertise his commercial services.” So holds the U.S. Court of Appeals for the Third Circuit in an important First Amendment attorney advertising decision issued today.

The Third Circuit’s opinion begins:

Attorney Andrew Dwyer, lauded by New Jersey judges in separate judicial opinions, published on his law firm’s website those complimentary remarks. One of the judges objected to this, and ultimately the New Jersey Supreme Court adopted an attorney conduct guideline that bans advertising with quotations from judicial opinions unless the opinions appear in full. Is the guideline an unconstitutional infringement on speech as applied to the advertisements of Mr. Dwyer and his firm? We believe it is and thus reverse the contrary decision of the District Court.

Circuit Judge Thomas L. Ambro wrote the ruling on behalf of a unanimous three-judge panel.

Posted at 1:35 PM by Howard Bashman



Sunday, August 10, 2014

“The New Racism: This is how the civil rights movement ends.” Jason Zengerle will have this cover story in the August 25, 2014 issue of The New Republic.

Posted at 10:54 PM by Howard Bashman