How Appealing



Wednesday, September 17, 2014

“Richard Shelby: Judge Mark Fuller should resign.” Mary Orndroff Troyan and Brian Lyman of The Montgomery Advertiser have a news update that begins, “Sen. Richard Shelby on Wednesday called for U.S. District Judge Mark Fuller to step down from the bench, joining a growing chorus of federal lawmakers seeking the judge’s resignation after his arrest on domestic violence charges last month.”

Posted at 4:55 PM by Howard Bashman



The Pa. Supreme Court denies review of four rulings addressing the impact of federal preemption, in the aftermath of Mensing and Bartlett, on state law personal injury claims brought by plaintiffs injured as the result of ingesting Reglan and/or metoclopramide: I will link to the specific orders of the Supreme Court of Pennsylvania, docketed this afternoon, denying review in all four cases when they are posted online later today. (Update: The orders denying review can be accessed here, here, here, and here.)

Back on June 29, 2013, I had this post linking to the Pa. Superior Court‘s rulings in all four cases, which I had orally argued on appeal on behalf of the plaintiffs.

Update: In early news coverage, P.J. D’Annunzio of The Legal Intelligencer reports that “Justices Decline to Hear Reglan Preemption Cases.” You can freely access the full text of the article via Google News.

And Law360.com reports that “Pa. High Court Nixes Appeal In Reglan Preemption Battle” (subscription required for full access).

Posted at 3:11 PM by Howard Bashman



Model Mayhem indeed: Construing the Communications Decency Act, the U.S. Court of Appeals for the Ninth Circuit today reversed a district court’s dismissal of a failure to warn claim against the owner of the Model Mayhem website.

According to today’s Ninth Circuit ruling, the plaintiff — an aspiring model — alleged that two rapists used the website to lure her to a fake audition, where they drugged her, raped her, and recorded her for a pornographic video. Today’s decision holds that the Communications Decency Act did not bar plaintiff’s claim under California law alleging that the owner of the Model Mayhem site is liable for negligent failure to warn.

In April 2012, Courthouse News Service reported on the filing of the lawsuit in an article headlined “Model Claims Website Hushed Up Rapes.”

Posted at 1:45 PM by Howard Bashman



“It is this bedrock principle — known as the heckler’s veto doctrine — that the panel overlooks, condoning the suppression of free speech by some students because other students might have reacted violently.” So writes Circuit Judge Diarmuid F. O’Scannlain, in his dissent from a denial of rehearing en banc that the U.S. Court of Appeals for the Ninth Circuit issued today.

My coverage of the original three-judge panel’s ruling (which reissued today in amended form) appeared in a post titled “Ninth Circuit rules that high school administrators did not violate the First Amendment by barring students from coming to school on Cinco de Mayo with shirts containing the American flag.”

Update: In early coverage, Howard Mintz of The San Jose Mercury News has a report headlined “American flag T-shirt case: Court refuses to rehear challenge.”

Bob Egelko of The San Francisco Chronicle reports that “Morgan Hill schools’ ban on U.S. flag shirts upheld.”

And The Associated Press reports that “Court won’t reconsider school’s US flag shirt ban.”

Posted at 1:38 PM by Howard Bashman



“VirnetX to Vringo’s Lost Millions Show Patent Peril”: Susan Decker of Bloomberg News has this report, in which she notes that “[a] dozen smaller claims have been tossed by trial judges after the U.S. Supreme Court limited software patents in June.”

Posted at 10:50 AM by Howard Bashman



“BP Pulls Old College Trick, Fiddles With Line Spacing to Beat Court Filing Page Limit”: Elliot Hannon has this post online at Slate.

Posted at 10:45 AM by Howard Bashman



“Supreme Court ruling hasn’t stopped police from warrantless requests for data; Police continue to request Canadians’ personal information from telecoms; Sometimes with a warrant, sometimes without a warrant”: This front page article appears in today’s edition of The Toronto Star.

Posted at 8:55 AM by Howard Bashman



“Tories fast-tracked Supreme Court appointment after Globe report”: Today’s edition of The Toronto Globe and Mail contains a front page article that begins, “The federal government says it abandoned its normal process when it named Justice Clement Gascon to the Supreme Court in June because it was worried about leaks to The Globe and Mail detailing the flawed selection process used to choose the last candidate.”

And CBC News reports that “Harper sidestepped MPs on Supreme Court pick due to Nadon ‘leaks’; Justice Minister Peter MacKay’s claims ‘a bit rich,’ says NDP MP Francoise Boivin.”

Posted at 8:44 AM by Howard Bashman



“Targeted killings and the rule of law: Tactic is here to stay; legal system needs to catch up with military technology.” Law professor Alan M. Dershowitz has this op-ed in today’s edition of The Boston Globe.

Posted at 8:40 AM by Howard Bashman



“Will the Supreme Court Let Arizona Fight Gerrymandering? Voters cut their legislature out of the redistricting process; Now legislators want the Supreme Court to deal them back in.” Law professor Garrett Epps has this essay online at The Atlantic.

Posted at 8:35 AM by Howard Bashman



“Read the En Banc Brief in 7th Circuit Wisconsin Voter ID Case”: Rick Hasen has this post today at his “Election Law Blog.” You can access the petition for rehearing en banc at this link.

Posted at 8:33 AM by Howard Bashman



“Justice Ginsburg shares her views at U forum — up to a point”: In today’s edition of The Pioneer Press of St. Paul, Minnesota, Elizabeth Mohr has an article that begins, “At times deeply personal and funny, but ever the socially relevant public figure-cum-pop icon she’s known to be, U.S. Supreme Court Justice Ruth Bader Ginsburg appeared at the University of Minnesota on Tuesday evening for an intimate conversation.”

Posted at 8:26 AM by Howard Bashman



“Justice Clarence Thomas warns of constitutional ignorance during UT Tyler appearance”: The Tyler (Tex.) Morning Telegraph has this report.

Posted at 8:22 AM by Howard Bashman



Tuesday, September 16, 2014

“FSU colleagues, friends, family remember Markel”: Sean Rossman of The Tallahassee Democrat has a news update that begins, “Slain Florida State University College of Law professor Dan Markel’s reputation as a publishing dynamo and generous academic with boundless talent played second string to memories of his personal charms at a memorial held in his honor Tuesday.”

And earlier today, Florida’s Capitol News Service had a report headlined “No answers in law professor’s death 2 months later.”

Posted at 9:42 PM by Howard Bashman



The Eleventh Circuit adjusts to having two judges with the last name Pryor: As shown in a published opinion issued today, Circuit Judge William H. Pryor, Jr. will be shown in the listing of judges as “William Pryor.”

As part of today’s ruling, Judge Pryor issued an opinion concurring in part and dissenting in part. And the majority opinion, which has a snappy opening paragraph, appears to be the first published majority opinion written by Circuit Judge Robin S. Rosenbaum.

Posted at 9:24 PM by Howard Bashman



“Iowa Supreme Court allows telemed-abortion system to continue”: The Des Moines Register has a news update that begins, “The Iowa Supreme Court decided today to let Planned Parenthood of the Heartland continue using its controversial video-conferencing method for dispensing abortion pills — for the time being.”

Posted at 8:20 PM by Howard Bashman



Federal appellate judges have daughters too: And sometimes one serves in the U.S. House of Representatives.

Today, U.S. Representative Martha Roby (R-AL), the daughter of Senior Eleventh Circuit Judge Joel F. Dubina, issued a news release titled “Domestic Abuse Cannot Be Tolerated; Judicial disciplinary process must play out.”

In news coverage, Mary Troyan of The Montgomery Advertiser has a news update headlined “Roby: Judge Mark Fuller deserves no special treatment.”

And AL.com has a report headlined “Rep. Martha Roby on Mark Fuller: ‘This is a very serious matter … domestic abuse cannot be tolerated.’

Posted at 8:00 PM by Howard Bashman



“Kansas justices dive into ballot dispute with Kobach, Taylor; Shawnee County DA attempting to exit Senate campaign”: Tim Carpenter of The Topeka Capital-Journal has this news update.

Dave Helling of The Kansas City Star has a news update headlined “Kansas high court hears Chad Taylor’s plea to get off Senate ballot.”

Bryan Lowry of The Wichita Eagle has a news update headlined “Justices question why Democrat Chad Taylor can’t withdraw from Senate race.”

The Associated Press reports that “Kansas judges question why Democrat kept on ballot.”

And at his “Election Law Blog,” Rick Hasen has a post titled “Live Blogging #KSSEN Taylor v. Kobach: Analysis.”

Posted at 12:50 PM by Howard Bashman



“A Guantanamo Test Case for the ‘New’ D.C. Circuit”: Steve Vladeck has this post today at the “Just Security” blog.

Posted at 11:16 AM by Howard Bashman



Today is the official publication date of my wife’s first novel, “Predator“: In addition to everything else she does, my wife — Janice Gable Bashman — is a published author. And today is the publication date of her first novel.

You can view the book cover at this link. The book, a young adult novel, is available for order on Amazon in paperback and e-reader formats.

According to Suspense Magazine, “Every twist and fascinating revelation fell into place smoothly, with an ending that will leave readers wanting more. With this kind of originality on the page, it is exciting to speculate at the surprises Bashman will unveil next.”

Posted at 11:14 AM by Howard Bashman



“The Fall of the House of Boggs: The bizarre Ecuadorean lawsuit that destroyed a Washington institution.” Paul M. Barrett has this article online at Politico Magazine.

Posted at 11:02 AM by Howard Bashman