How Appealing



Thursday, May 14, 2015

“Toomey signs off on nominee for federal appeals court”: Tracie Mauriello of The Pittsburgh Post-Gazette has a news update that begins, “A Philadelphia jurist’s nomination for a federal appeals court is moving forward now that Sen. Pat Toomey, R-Pa., has given his endorsement and the Senate Judiciary Committee has finished vetting Judge L. Felipe Restrepo, who serves on the Eastern District of Pennsylvania bench.”

Posted at 9:04 PM by Howard Bashman



“US court halts contentious law on contact lens price-fixing”: The Associated Press has a report that begins, “A federal appeals court has halted a new Utah law banning price-fixing for contact lenses that could have wide-ranging implications for the industry.”

Posted at 2:56 PM by Howard Bashman



“We need not consider and leave for another day the question of whether putative class action claims under Rule 23 generally provide an independent basis for justiciability after a plaintiff’s individual claims are rendered moot.” So concludes a ruling that the U.S. Court of Appeals for the Second Circuit issued today. The defendants argued that the plaintiff’s individual claims had been rendered moot by an unaccepted offer of complete relief made pursuant to FRCP 68.

Posted at 1:22 PM by Howard Bashman



“Persuasion: Kannon Shanmugam on making his case before the Supreme Court.” This interview appears in the Spring 2015 issue of the Harvard Law Bulletin.

Posted at 1:08 PM by Howard Bashman



“The Court Should Finish What It Started in the Fisher Case”: Roger Clegg and Joshua P. Thompson have this essay online today at National Review.

Posted at 10:28 AM by Howard Bashman



“Constitution Check: Could a state legislature scuttle a national right to same-sex marriage?” Lyle Denniston has this post today at the “Constitution Daily” blog of the National Constitution Center.

Posted at 10:23 AM by Howard Bashman



“Pat Toomey Insists He’s Not Holding Up A Judicial Nominee He’s Holding Up”: Jennifer Bendery of The Huffington Post has this report.

Posted at 10:18 AM by Howard Bashman



“Goodby Mike, Hello Judge”: Today at his “Hercules and the umpire” blog, Senior U.S. District Judge Richard G. Kopf has a post that begins, “I have written before about Myron (Mike) Bright, a judge, but not just any judge, on the United States Court of Appeals for the Eighth Circuit. At 95, he continues to hear cases.”

Posted at 10:14 AM by Howard Bashman



“Jurors begin deliberations in Marathon bombing trial”: Patricia Wen and Milton J. Valencia have this front page article in today’s edition of The Boston Globe.

In today’s edition of The Boston Herald, Laurel J. Sweet has an article headlined “Jurors left with Dzhokhar enigma.”

In today’s edition of The New York Times, Katharine Q. Seelye has an article headlined “Boston Jury Begins to Consider Sentence for Marathon Bomber.”

The Associated Press reports that “Jury begins deliberating fate of Boston Marathon bomber.”

Reuters reports that “Life on the line as Boston bombing jury weighs Tsarnaev’s fate.”

And Bloomberg News reports that “Prosecutor Urges Boston Bomber Jury to Vote for Execution.”

Posted at 8:44 AM by Howard Bashman



“Pa. Supreme Court race long on name recognition”: This article appears in today’s edition of The Philadelphia Inquirer.

And today’s edition of The Standard Speaker of Hazleton, Pennsylvania contains an article headlined “Making his case” that begins, “Correale F. Stevens has been a judge for 24 years, as well as a district attorney and a state legislator.”

Posted at 8:30 AM by Howard Bashman



Wednesday, May 13, 2015

“Montana Supreme Court revives health insurance discrimination lawsuit”: The Associated Press has a report that begins, “The Montana Supreme Court has revived the case of a woman who says it’s unfair for hospitals to charge different rates to treat insured and uninsured patients.”

You can access yesterday’s ruling of the Supreme Court of Montana at this link.

Posted at 11:15 PM by Howard Bashman



“AP Interview: Pelosi predicts GOP ruin on health care case.” The Associated Press has a report that begins, “House Democratic leader Nancy Pelosi predicted Wednesday that Republicans will ‘rue the day’ if the Supreme Court buys their arguments and invalidates tax subsidies for millions of people under President Barack Obama’s health care law.”

Posted at 11:02 PM by Howard Bashman



“BP Can’t Nix Deepwater Rescuer’s $2.7M Settlement”: Nearly 14 months ago, Law360.com had a report (subscription required for full access) that begins, “A Louisiana federal judge overseeing the BP Deepwater Horizon multidistrict litigation on Friday upheld a $2.7 million settlement award to a Tidewater Marine LLC seaman for trauma from rescuing survivors of the Deepwater Horizon oil rig explosion, finding a disputed settlement agreement is binding.”

Today, the majority on a divided three-judge panel of the U.S. Court of Appeals for the Fifth Circuit issued a decision affirming the district court’s ruling that enforced the settlement.

Posted at 10:20 PM by Howard Bashman



“U.S. Supreme Court Justice Sonia Sotomayor Addresses Participants in the New Lawyer Institute”: The New York City Bar Association recently posted this video online at YouTube.

Posted at 10:14 PM by Howard Bashman



“Wisconsin Judiciary Awash in Politics: Referendum, promoted by special-interest group, fuels infighting among justices over top spot.” Bert Brandenburg has this op-ed in this week’s edition of The National Law Journal.

Posted at 8:26 PM by Howard Bashman



“Court Throws Out Nun’s Sabotage Conviction For Nuclear Site Break-In”: Carrie Johnson had this audio segment on today’s edition of NPR’s “Morning Edition.”

Posted at 8:21 PM by Howard Bashman



“Ex-Bills, Packers player to appeal NFL concussion settlement”: The Associated Press has a report that begins, “The first notice of appeal has been filed in an attempt to halt the planned $1 billion settlement of NFL concussion lawsuits.”

Posted at 7:58 PM by Howard Bashman



“Ralph Lauren Corp suffers setback in U.S. trademark fight”: Reuters has a report that begins, “Ralph Lauren Corp lost some ground on Wednesday in its long-running trademark fight with the United States Polo Association over the use of its logo depicting a horse-mounted polo player swinging a mallet.”

And The Associated Press reports that “US court lifts contempt finding in Polo sunglasses dispute.”

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

Posted at 7:56 PM by Howard Bashman