How Appealing



Wednesday, September 24, 2014

“Blasting Koh, Defense Asks Ninth Circuit to Restore ‘No-Poach’ Deal”: Earlier this month, The Recorder had this report on a petition for writ of mandamus that attorneys for Google, Apple, Adobe, and Intel filed in the U.S. Court of Appeals for the Ninth Circuit. You can freely access the full text of the article via Google News.

Also earlier, Courthouse News Service reported on the mandamus petition in an article headlined “Rejected Deal in Tech Wages Case Defended.”

On Monday, a two-judge panel of the Ninth Circuit issued this order calling for a response to the mandamus petition. When the briefing is complete in about a month from now, the order directs that ” the Clerk shall place this petition for writ of mandamus on the next available calendar.”

The Ninth Circuit has created this page devoted to the case. According to the mandamus petition, the class action settlement in question, which the district court refused to preliminarily approve, “was the highest settlement ever in an employment antitrust case.”

Posted at 11:18 AM by Howard Bashman



Announcing the new location of “How Appealing” effective October 1, 2014: When Law.com announced in February 2014 that it would be shutting down its blog network effective September 30, 2014, many loyal readers expressed concerns about what would become of this blog. As I assured readers that day, “this blog will continue regardless of where it is hosted.” Between then and now, I took advantage of the opportunity to gauge the interest of a few specific potential new hosts that I would be particularly overjoyed to join if they shared the same level of enthusiasm about me.

On October 1, 2014, this blog will pull up stakes and relocate to this new address, http://howappealing.abovethelaw.com. This blog’s content, voice, and authorship will remain the same, except in place of “Law.com” in its address you will instead need to use “AboveTheLaw.com”

When I began to think about potential new hosts for “How Appealing,” the very first possibility that I decided to pursue involved affiliating with Breaking Media, which hosts several very popular blogs, including the extraordinarily successful blog “Above the Law” founded by David Lat. David and I have known each other for years, dating back to when he was a she, the pseudonymous author of the blog “Underneath Their Robes.” David and I have much in common. He was an appellate attorney, and I still am. He has a tremendous amount of admiration for and interest in our nation’s judicial system, as do I. And we both have been fortunate to launch two popular law blogs with influential and successful readerships.

ATL receives over 7 million page views per month from over 1.1 million visitors. The Breaking Media organization of which it is a part understands how to be successful in digital media and law-related digital media in particular. In addition to David, ATL now has three full-time writers, more than a dozen outside columnists, and enjoys a vast readership and considerable industry influence.

Of course, what “How Appealing” has to offer is me and you, this blog’s readers. As I have said from the beginning, I will continue to run this blog for as long as I enjoy it and others are interested in reading it. Affiliating this blog with “Above the Law” and Breaking Media gives me the chance to reach even more readers who are interested in what we do here every day, day in and day out. At the same time, I can assure you that this blog’s content and voice will not be changing. Not one bit.

One of the things that I have most appreciated about this blog’s current host, ALM/Law.com, and this blog’s previous host, Legal Affairs magazine, is that they have completely left me alone to do what I enjoy doing. I have received more requests from the U.S. Supreme Court (a total of one) than I have ever received from ALM/Law.com or Legal Affairs magazine to alter this blog’s content in any respect whatsoever. And I anticipate this same sort of hands-off approach will continue during this blog’s upcoming affiliation with ATL and Breaking Media.

Now that you know that this blog’s authorship, style, tone, and substance won’t be changing, let me tell you what is likely to change. As has happened several times in this blog’s history, this blog’s template will change, meaning this page will have a new design. And no, that won’t mean that you will ever need to click through past the home page to read the conclusion of any post. But ads will appear, as they do now, and those ads will help generate the financial compensation that I will receive for operating this blog. And somewhere near the top of the page this blog will display headlines for new posts at the “Above the Law” site, just as the “Above the Law” site will display headlines for new posts here at “How Appealing.”

October 1, 2014 will only be the third time in this blog’s over 12-year history that “How Appealing” has relocated to a new online address. Each relocation has been even more exciting than the last. I am deeply thankful for and appreciative of this blog’s readership, and I look forward to continuing to provide you with what you seek here at this location for one more week and at this blog’s new location into the future.

Update: At “Above the Law,” David Lat has a post titled “A Most Appealing Announcement.”

Posted at 11:00 AM by Howard Bashman



This blog’s new location beginning Oct. 1st: Will be announced here at 11 a.m. eastern time today.

Posted at 7:58 AM by Howard Bashman



“Supreme Court must restore states’ rights in defining marriage; Justices owe it to nation to undo rogue judges’ damage”: The Washington Times contains this editorial.

Posted at 7:53 AM by Howard Bashman



“Justice Stevens recounts long career, ties to Michigan”: This article appears in today’s edition of The Herald Palladium of St. Joseph, Michigan.

Update: You can access the prepared text of the remarks that retired Justice John Paul Stevens delivered last night in Michigan at this link.

Posted at 7:49 AM by Howard Bashman



“Judge on government’s short list for Supreme Court faces legal obstacle”: In today’s edition of The Toronto Globe and Mail, Sean Fine has a front page article that begins, “The Conservative government’s attempt to move an Ottawa-based judge to Quebec has become ensnared in a legal challenge, putting in doubt the judge’s availability for a looming vacancy on the Supreme Court of Canada.”

Posted at 7:46 AM by Howard Bashman



“N.J. case puts pledge, religion in spotlight”: Today’s edition of The Philadelphia Inquirer contains an article that begins, “Blackwood teenager Samantha Jones grew up reciting the Pledge of Allegiance with the words under God, and she is willing to go to court for the right to keeping saying those words.”

Posted at 7:44 AM by Howard Bashman



Tuesday, September 23, 2014

“Republicans slam Kansas Supreme Court justice over Davis fundraiser at her home”: Bryan Lowry of The Wichita Eagle has an article that begins, “The Kansas Republican Party criticized a Kansas Supreme Court justice Tuesday, saying a fundraiser hosted for Democrat Paul Davis at her Topeka home was inappropriate.”

And The Associated Press reports that “Kansas GOP criticizes event at justice’s home.”

Posted at 11:33 PM by Howard Bashman



“R.I. Supreme Court hears arguments on gay-pride parade lawsuit filed by Providence firefighters against ex-Mayor Cianci”: This article will appear in Wednesday’s edition of The Providence Journal.

Posted at 11:27 PM by Howard Bashman



“Sirius XM Loses Lawsuit on Royalties for Oldies”: Wednesday’s edition of The New York Times will contain this article.

The Wall Street Journal reports that “Sirius XM Loses Royalties Case Against Oldies Band; Suit Alleged That Satellite Radio Played the Turtles’ Music Without Permission.” You can freely access the full text of the article via Google.

And at the “Hollywood, Esq.” blog of The Hollywood Reporter, Eriq Gardner has a post titled “SiriusXM Suffers Crushing Loss in High-Stakes Courtroom Battle; In a ruling with far-reaching consequences, Flo & Eddie of The Turtles convince a judge that their public performance rights were violated.”

You can access yesterday’s ruling of the U.S. District Court for the Central District of California at this link.

Posted at 10:14 PM by Howard Bashman



In papers of interest recently posted at SSRN: Law professor Stephen E. Sachs has posted an article titled “Originalism as a Theory of Legal Change” (via “Legal Theory Blog“).

Law professor Sonja West has posted a paper titled “The Stealth Press Clause” (via “Legal Theory Blog“).

And law professor Andrew Koppelman has posted a book review titled “Six Overrulings,” reviewing Justice John Paul Stevens’ book, “Six Amendments: How and Why We Should Change the Constitution” (via “Legal Theory Blog“).

Posted at 8:09 PM by Howard Bashman



“Major League Baseball’s Nightmare: A Judge Who Isn’t a Fan of Instant Replay; Judge Shira Scheindlin refuses to certify an appeal on her ruling that could shake up sports broadcasting.” Eriq Gardner has this post today at the “Hollywood, Esq.” blog of The Hollywood Reporter.

Posted at 7:58 PM by Howard Bashman



“Wisconsin Files Opposition to 7th Circuit Rehearing on Voter ID Law”: Rick Hasen has this post at his “Election Law Blog.” He has posted the response in opposition at this link.

Posted at 6:05 PM by Howard Bashman



“Party Diary: Opera with Justice Ruth Bader Ginsburg.” Helena Andrews has this entry today at the “Reliable Source” blog of The Washington Post.

Posted at 5:06 PM by Howard Bashman



“Supreme Court Justice Ruth Bader Ginsburg: I’m not going anywhere.” An excerpt from Justice Ginsburg’s interview with Jessica Weisberg for Elle magazine can now be accessed online at this link.

In coverage of the interview, Ian Millhiser of ThinkProgress has a post titled “Justice Ginsburg: If I Resign, Obama Could Not Appoint ‘Anyone I Would Like To See In The Court.'”

And earlier this week, David G. Savage of The Los Angeles Times had an article headlined “Justice Ruth Bader Ginsburg signals she has no plans to retire soon.”

Posted at 4:40 PM by Howard Bashman



“Deputy SG Kneedler Recognized for Career in Public Service”: Tony Mauro has this post today at “The BLT: The Blog of Legal Times.”

You can freely access the full text of the post via Google News.

And you can view information about the recognition, including a video, at this link.

Posted at 3:15 PM by Howard Bashman



“U.S. on Supreme Court Protest Restrictions: Sidewalk is Wide Enough.” Brent Kendall has this post today at the “Washington Wire” blog of The Wall Street Journal.

And at “The BLT: The Blog of Legal Times,” Tony Mauro has a blog post titled “Appeals Court Weighs Ban on Supreme Court Protests.” You can freely access the full text of this blog post via Google News.

As soon as the audio from this oral argument becomes available at the web site of the U.S. Court of Appeals for the D.C. Circuit, I will link to it.

Update: You can access the audio of today’s oral argument before a three-judge D.C. Circuit panel (Circuit Judges Henderson, Srinivasan, Williams) in Harold Hodge v. Pamela Talkin via this link (58.6 MB mp3 audio file).

Posted at 3:07 PM by Howard Bashman



Perhaps a reason to visit again tomorrow? The new online address of “How Appealing” effective October 1, 2014 will be announced here tomorrow, one week in advance of this blog’s relocation.

Posted at 1:56 PM by Howard Bashman



“Federal judge rejects Citizens United push to avoid disclosure laws”: The Denver Post had this blog entry yesterday.

Earlier, the newspaper reported that “Ted Olson argues Citizens United case in Denver court.”

If think this sounds like the case is destined for appeal, you are correct. Today at “The BLT: The Blog of Legal Times,” Zoe Tillman has a post titled “Citizens United Vows Appeal After Losing Disclosure-Rules Case.” You can freely access the full text of this post via Google News.

Posted at 1:40 PM by Howard Bashman



“Public Peek Into Supreme Court Procedures”: Angela Morris of Texas Lawyer has an article that begins, “The public got a proverbial peek into the Texas Supreme Court’s inner workings this weekend in Austin.”

You can freely access the full text of the article via Google News.

Additional information is available from The Texas Tribune’s live blog of “The Justice Track at The Tribune Festival.”

And in related news, Justice Debra Lehrmann of the Supreme Court of Texas has joined Twitter. She isn’t yet following “How Appealing” on Twitter, however.

Posted at 1:28 PM by Howard Bashman



“Atheist will deliver opening prayer at this week’s Huntsville City Council meeting”: The Huntsville Times has this report.

Posted at 1:16 PM by Howard Bashman



“Would (and should) I perform a wedding ceremony for a gay couple in my courtroom?” Senior U.S. District Judge Richard G. Kopf has this post today at his “Hercules and the Umpire” blog.

Posted at 1:10 PM by Howard Bashman