How Appealing



Saturday, January 31, 2015

Their escape “was the first from any secure federal correctional facility since April 2006”: Readers may recall the story of two bank robbery convicts who escaped from the federal Metropolitan Correctional Center, Chicago in December 2012. Wikipedia provides this coverage.

I covered the escape and recapture of the convicts in posts that you can access here, here, here, and here.

Yesterday, a three-judge panel of the U.S. Court of Appeals for the Seventh Circuit issued a decision rejecting the appeal from the sentence imposed for the escape filed by the escapee who eluded recapture the longest.

In February 2014, The Chicago Tribune reported on the sentence that was the subject of this appeal in an article headlined “Jail escapee tells judge to ‘stick it’ at sentencing.”

Posted at 10:33 PM by Howard Bashman



“Amicus: Cameras in the Courtroom — Two Supreme Court experts explain why they don’t buy the justices’ arguments that they shouldn’t be filmed in action.” Slate has today posted online this podcast featuring Dahlia Lithwick.

Posted at 10:05 PM by Howard Bashman



“Pom Wonderful loses appeal of FTC’s deceptive advertising ruling”: The Los Angeles Times has this report.

Brent Kendall of The Wall Street Journal has an article headlined “Pom Wonderful’s Ads Were Deceptive, Appeals Court Agrees With FTC; Pomegranate Juice Maker Said Its Products Were Effective in Fighting Heart Disease, Prostate Cancer.” You can freely access the full text of the article via Google.

And Michael Doyle of McClatchy Washington Bureau reports that “California pomegranate juice maker loses labeling challenge.”

Posted at 9:30 AM by Howard Bashman



“Judge Rendell to take on ‘senior status'”: In today’s edition of The Philadelphia Inquirer, Jeremy Roebuck has an article that begins, “Marjorie O. Rendell, a federal appellate judge and the wife of former Gov. Ed Rendell, said Friday that she plans to leave her spot on the U.S. Court of Appeals for the Third Circuit this summer and devote more time to her foundation for the civic education of area youth.”

Posted at 9:15 AM by Howard Bashman



“Justice Thomas Scolds Circuit Over Unpublished Opinion”: David R. Cleveland has this post at the “Appellate Advocacy Blog.”

Posted at 8:57 AM by Howard Bashman



Friday, January 30, 2015

Tenth Circuit Judge Jerome A. Holmes recuses himself from decided case, and the remaining two panel members grant rehearing, vacate the panel’s decision, and order reassignment to a randomly constituted new panel: Interesting developments today in the U.S. Court of Appeals for the Tenth Circuit in a case that was recently the subject of a column by Andrew Cohen at The Daily Beast titled “Judge Can’t Be Trusted With This Man’s Life; In 2002, a prosecutor defended the death sentence for a murderer; Now he’s a federal judge and refuses to recuse himself in the same case.”

I have uploaded today’s Tenth Circuit order, which is the subject of the title of this post, at this link.

Posted at 5:40 PM by Howard Bashman



What’s happening? Today, a three-judge panel of the Superior Court of Pennsylvania ruled 2-to-1 in favor of my client, the plaintiff in a significant personal injury action, granting the plaintiff a new trial in a case that had originally resulted in a defense verdict. You can access online both the majority opinion and an opinion concurring in part and dissenting in part. For anyone seeking further background, I have also posted my client’s opening brief and reply brief on appeal. This appeal was orally argued on December 10, 2014.

And this afternoon, I filed a FRAP 28(j) letter responding to the federal government’s citation of new authority during oral argument in the criminal appeal that I argued in the U.S. Court of Appeals for the Third Circuit ten days ago. I have previously linked to my client’s appellate briefs in this case and the oral argument audio.

Posted at 5:05 PM by Howard Bashman



Thursday, January 29, 2015

“Marriage Equality Without Equivocation: Unless the Supreme Court firmly declares that gay couples deserve equal protection, it risks encouraging state-level obstruction.” Law professor Garrett Epps has this essay online today at The Atlantic.

Posted at 11:00 PM by Howard Bashman



“Judge in forex MDL supplies roadmap for Libor appeal at 2nd Circuit”: Alison Frankel’s “On the Case” from Thomson Reuters News & Insight has this report today.

Posted at 10:24 PM by Howard Bashman



“Big cases, but little room at court; Supreme Court touts openness, but with few seats for public, more transparency is needed”: Tony Mauro has this essay online at USA Today.

Posted at 6:10 PM by Howard Bashman



“Can The Health Care Industry Save Obamacare? Hospitals and insurance companies are coming to the law’s defense before the Supreme Court.” Sam Baker of National Journal has this report today.

Posted at 1:12 PM by Howard Bashman



“Constitution Check: Are state courts bound by federal court rulings on same-sex marriage?” Lyle Denniston has this post today at the “Constitution Daily” blog of the National Constitution Center.

Posted at 1:02 PM by Howard Bashman



“For Lawyers, a Rocky Walk Down the Gay Marriage Aisle; On the verge of an historic decision, feuds erupt over credit and money”: Steve Friess of Bloomberg News has this report.

Posted at 8:30 AM by Howard Bashman



“Newly insured urge Supreme Court to reject challenge to subsidies”: Maureen Groppe of The Indianapolis Star has this report.

Posted at 8:27 AM by Howard Bashman



“Derry waits on Supreme Court decision before considering panhandling ordinance”: The Manchester (N.H.) Union Leader has this report.

Posted at 8:25 AM by Howard Bashman



“At Silk Road Trial, Lawyers Fight to Include Evidence They Call Vital: Emoji.” Benjamin Weiser has this article in today’s edition of The New York Times.

According to the article, “Emoticons figure in a case currently pending before the United States Supreme Court in which an Allentown, Pa., man was convicted of making threats on Facebook after his wife left him. He had claimed that his postings were fictitious, and used emoticons like a face with its tongue sticking out to indicate ‘jest.'”

Posted at 8:02 AM by Howard Bashman



“Alabama Chief Justice Roy Moore says federal judge’s ruling on gay marriage not binding”: Mike Cason of The Birmingham News has an article that begins, “Alabama Supreme Court Chief Justice Roy Moore said today a federal judge’s ruling that the state’s ban on same-sex marriages is unconstitutional does not mean that probate judges have to issue marriage licenses to same-sex couples.”

And in today’s edition of The Montgomery Advertiser, Brian Lyman has front page articles headlined “Granade: Probate judges would have to issue same-sex marriage licenses” and “SPLC files ethics complaint against Roy Moore.”

Posted at 7:58 AM by Howard Bashman