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.

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.

“Who is the meanest supreme court justice of all time?” Eric Posner has this blog post today discussing a paper titled “A Quantitative Analysis of Trends in Writing Style on the U.S. Supreme Court” that Keith Carlson, Michael A. Livermore, and Daniel Rockmore have posted online at SSRN.

“POM Wonderful Loses Bid to Block FTC Deceptive Ad Claims”: Andrew Zajac of Bloomberg News has this report.

Diane Bartz of Reuters reports that “POM Wonderful loses bid to tout health benefits in ads.”

The Associated Press reports that “Court upholds deceptive ad claims against POM.”

You can access today’s ruling of the U.S. Court of Appeals for the D.C. Circuit at this link.