How Appealing



Thursday, August 20, 2015

“Man gets 5-year sentence after throwing chair at cop”: In August 2014, The Chicago Sun-Times published an article that begins, “A black plaintiff who threw a courtroom chair at a white Joliet cop after he lost a civil rights trial was on Thursday sentenced to five years in prison for ‘assault with a dangerous weapon.'”

Today, in an opinion written by Circuit Judge Richard A. Posner, a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit affirmed the defendant’s conviction and sentence.

Posted at 11:42 PM by Howard Bashman



“Anonymous Internet subscriber revealed in Stephenson County libel case”: The Journal-Standard of Freeport, Illinois has a news update that begins, “A Freeport attorney who has worked for various county departments since 1998 is the anonymous Internet subscriber who is accused by Stephenson County Board Chairman Bill Hadley of posting a libelous online comment.”

And The Associated Press reports that “Comcast reveals subscriber in online comments case.”

Posted at 9:04 PM by Howard Bashman



“U.S. Urges Supreme Court to Reject Iran Central Bank’s Appeal on Judgments for Terrorism Victims; Solicitor general asks high court to let stand lower-court rulings on $2 billion in frozen assets”: Brent Kendall of The Wall Street Journal has this report.

Posted at 7:15 PM by Howard Bashman



“The benefit of friends: Big business goes after class actions in SCOTUS Tyson case.” Alison Frankel’s “On the Case” from Thomson Reuters News & Insight has this report today.

Posted at 4:55 PM by Howard Bashman



“Benchslaps Fly Over Judges Doing Factual Research On The Internet”: David Lat has this post at “Above the Law.”

Posted at 4:50 PM by Howard Bashman



“House lawsuit against Obama is turning into a real problem for the president”: David G. Savage has this article in today’s edition of The Los Angeles Times.

Posted at 2:46 PM by Howard Bashman



The Pa. Superior Court has affirmed a $4 million judgment in a prescription drug personal injury appeal that I argued on behalf of the plaintiffs-appellees in late October 2014: Today’s ruling consists of a majority opinion and a dissenting opinion (concerning an issue of Virginia law).

My oral argument preview post contained a link to my clients’ Brief for Plaintiffs-Appellees.

I argued this case last October together with a related case that produced a unanimous ruling in favor of the plaintiffs (also my clients) in March 2015, as noted in this earlier post.

Posted at 2:25 PM by Howard Bashman



En banc Fifth Circuit decides student off-campus First Amendment free speech dispute in Taylor Bell v. Itawamba County School Board: You can access today’s en banc ruling of the U.S. Court of Appeals for the Fifth Circuit at this link.

The Associated Press covered the Fifth Circuit’s previous actions in the case in articles headlined “Miss. student wins challenge to rap song suspension” (reporting on the divided three-judge panel’s original ruling) and “Mississippi student back in court over rap song” (reporting on the Fifth Circuit’s grant of rehearing en banc).

The student did not prevail in today’s en banc ruling.

Posted at 1:46 PM by Howard Bashman



“How Texas Could Set National Template for Limiting Abortion Access”: Kim Soffen has this article in today’s edition of The New York Times.

Posted at 1:30 PM by Howard Bashman



“Ten Years of the Roberts Court: Current and former Assistant Solicitors General, who have argued dozens of cases before the Supreme Court, talked about the first ten years of the Roberts Court and predict what’s ahead in the coming term.” C-SPAN has posted the video of this recent panel discussion at this link. Added bonus — only moments into the video you can hear Kannon K. Shanmugam pronounce his own name.

Posted at 12:15 PM by Howard Bashman



“Dissenter blasts Posner’s Internet research in inmate’s suit over acid reflux treatment”: Debra Cassens Weiss has this post online today at the ABA Journal.

And Josh Blackman has a blog post titled “Judicial Fact-Finding Run Amok: Dr. Posner Cites MayoClinic.org To Contradict Expert Witness’s Testimony.”

My earlier coverage of yesterday’s Seventh Circuit ruling can be accessed here.

One of the more interesting aspects of yesterday’s ruling is the fact that the blistering dissent, in a case that ruled in favor of a prisoner in a healthcare access lawsuit, was written by perhaps the Seventh Circuit‘s most liberal judge on matters of prisoner rights, Circuit Judge David F. Hamilton.

Posted at 11:37 AM by Howard Bashman



“Talking About the Death Penalty, Court to Court”: Linda Greenhouse has this essay online today at The New York Times.

Posted at 8:52 AM by Howard Bashman