How Appealing



Saturday, November 21, 2015

“Federal class-action reform effort courts serious risks”: Daniel Karon has this essay online at The Cleveland Plain Dealer.

Posted at 11:20 PM by Howard Bashman



“D.C. Circuit Review — Reviewed: Clerking, D.C. Circuit Edition.” Aaron Nielson has this post today at the Yale Journal on Regulation.

Posted at 11:15 PM by Howard Bashman



“Harvard ‘black tape’ vandalism brings law school’s controversial past to fore; Tape placed over portraits of tenured black faculty comes after similar ‘art-action’ by black students attempting to draw attention to school seal’s slavery roots”: The Guardian (UK) has this report today.

And in yesterday’s edition of The New York Times, Jess Bidgood had an article headlined “Tape Found Over Portraits of Black Harvard Professors.”

Posted at 12:23 PM by Howard Bashman



Friday, November 20, 2015

Only approximately three months until pitchers and catchers report: In an opinion that Circuit Judge Jeffrey S. Sutton issued today on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Sixth Circuit, he observes that “[t]he risk that [the plaintiff’s child] would be subject to another such search is no more ‘actual and imminent’ than the Chicago Cubs (or, we fear, the Cleveland Indians) winning the World Series.”

Of course, the Cubs came a little closer than usual this year to making the World Series, so this bulletin-board material may be just the additional motivation the team needs to win it all in 2016. Which is much more than I can say for my own hometown team, the Philadelphia Phillies.

Posted at 4:13 PM by Howard Bashman



“Obama Administration Asks Supreme Court to Save Immigration Plan”: Adam Liptak of The New York Times has this news update.

Robert Barnes of The Washington Post has a news update headlined “Obama takes immigration leniency plan to the Supreme Court.”

David G. Savage and Molly Hennessy-Fiske of The Los Angeles Times have a news update headlined “Obama administration asks Supreme Court to reverse order blocking president’s immigration plan.”

Kevin Johnson and Richard Wolf of USA Today report that “Obama administration appeals immigration ruling to Supreme Court.”

Jess Bravin of The Wall Street Journal has a news update headlined “Obama Administration Asks Supreme Court to Reinstate Immigration Policy; Courts have blocked plan to allow illegal immigrants with U.S.-citizen or resident children to avoid deportation.” You can freely access the full text of the article via Google.

Mark Sherman of The Associated Press reports that “Obama asks Supreme Court to save his immigration plan.”

Lawrence Hurley of Reuters reports that “Obama administration asks top court to revive immigration plan.”

Greg Stohr of Bloomberg News reports that “Obama Lawyers Ask Supreme Court to Revive Immigration Plan.”

Stephen Dinan of The Washington Times reports that “Obama administration asks Supreme Court to approve executive amnesty.”

Seung Min Kim and Josh Gerstein of Politico.com report that “Obama administration takes immigration battle to Supreme Court; A Supreme Court ruling on an issue as politically explosive as immigration could be a potential grenade in the 2016 presidential elections.”

Pete Williams of NBC News reports that “Obama Administration Seeks Supreme Court Action on Immigration.”

Cristian Farias and Elise Foley of The Huffington Post report that “Obama Administration Takes Deportation Relief For Millions To Supreme Court; President Barack Obama first announced the program exactly one year ago.”

Todd Ruger of Roll Call reports that “Obama Administration Files Appeal in Immigration Case.”

Jordan Fabian of The Hill reports that “Obama appeals immigration ruling to Supreme Court.”

And at “SCOTUSblog,” Lyle Denniston has a post titled “U.S. appeals on immigration policy.”

You can view the Obama Administration’s petition for writ of certiorari at this link.

Posted at 1:02 PM by Howard Bashman



“Kagan Discusses Statutory Interpretation at Law School”: Jonathan Adler (yes, it’s a fairly common name) of The Harvard Crimson has this report.

Posted at 10:14 AM by Howard Bashman



Thursday, November 19, 2015

“Supreme Court Justice Eakin calls for porn inquiry to move to disciplinary court”: Wallace McKelvey of The Patriot-News of Harrisburg, Pennsylvania has this report.

And Angela Couloumbis of The Philadelphia Inquirer has a news update headlined “Justice Eakin: Email inquiry should be heard in public.”

Also today, in coverage of a related development, Angela Couloumbis of The Philadelphia Inquirer has a news update headlined “Judges: Porngate emails not public record.”

Karen Langley of The Pittsburgh Post-Gazette has a news update headlined “Pa. court says porn emails aren’t public records under state law.”

Steve Esack of The Morning Call of Allentown, Pennsylvania has a news update headlined “Court: Kathleen Kane can release porn emails even if they are not ‘public’ records.”

And Wallace McKelvey of The Patriot-News of Harrisburg, Pennsylvania has a report headlined “AG Kathleen Kane not required to release porn emails, appeals court rules.”

You can access today’s 5-to-2 ruling of an en banc panel of the Commonwealth Court of Pennsylvania at this link.

Posted at 5:07 PM by Howard Bashman



“Greenhouse Talks ‘He Said, She Said’ Journalism”: In today’s edition of The Harvard Crimson, Mia C. Carr has an article that begins, “Pulitzer Prize-winning journalist and former Crimson editor Linda J. Greenhouse ’68 gave the second of three lectures in her series ‘Just a Journalist: Reflections on Journalism, Life, and the Spaces Between’ on Wednesday.”

You can learn more about the lecture series at this link.

In what may seem like an ironic twist to followers of the U.S. Supreme Court, the full title of the lecture series featuring Greenhouse is the “William E. Massey, Sr., Lectures in American Studies at Harvard University.”

William E. Massey, Sr., before retiring, served as CEO of the A.T. Massey Coal Company, which years later was the very same company involved in the U.S. Supreme Court’s judicial election fundraising recusal case involving a justice on the Supreme Court of Appeals of West Virginia captioned Caperton v. A.T. Massey Coal Co.

In addition, Don Blankenship served as CEO of A.T. Massey Coal Co., later renamed Massey Energy, from 2000 until 2010. Earlier today, the federal district judge presiding over Blankenship’s criminal trial ordered the jury to continue deliberations.

Posted at 4:45 PM by Howard Bashman



“NFL-players concussion settlement challenged in federal appeals court”: Jeremy Roebuck of The Philadelphia Inquirer has this news update.

And The Associated Press has a report headlined “Lawyers: NFL concussion deal excludes central brain injury.”

When the audio of this morning’s oral argument before a three-judge panel of the U.S. Court of Appeals for the Third Circuit becomes available online, I will link to it.

Update: In other coverage, Reuters reports that “Some ex-NFL players seek to re-work $1 bln concussion settlement.”

Posted at 3:52 PM by Howard Bashman



Wednesday, November 18, 2015

Programming note: On Thursday, two separate cases on which I am working will be argued before the same three-judge panel of the U.S. Court of Appeals for the Third Circuit, and (as noted in this post from earlier today) I will be presenting a portion of the oral argument in one of them. As a result, additional posts will appear here Thursday afternoon.

In the interim, appellate-related developments may appear on this blog’s Twitter feed, which is now approaching 5,000 followers.

Posted at 11:18 PM by Howard Bashman



“If past is prelude, SCOTUS will just tinker in this term’s class action cases”: Alison Frankel’s “On the Case” from Thomson Reuters News & Insight has this report today.

Posted at 11:15 PM by Howard Bashman



“Pa. High Court Favors Workers In Noncompete Ruling”: Dan Packel of Law360.com has this report (subscription required for full access) on a ruling that the Supreme Court of Pennsylvania issued today.

The ruling consists of a majority opinion, a concurring opinion, and a dissenting opinion.

The ruling is of particular interest to me because it provides additional support for my clients’ position in an appeal I will be arguing on December 2, 2015 in the Superior Court of Pennsylvania.

Posted at 10:58 PM by Howard Bashman



“Supreme Court grants resentencing to man convicted of East Liberty murder”: The Pittsburgh Tribune-Review has a news update that begins, “A man convicted of beating a woman into a coma in East Liberty in 1993 — and then convicted of third-degree murder when she died of her injuries in 2007 — could go free following a resentencing hearing the Pennsylvania Supreme Court granted Wednesday.”

And The Pittsburgh Post-Gazette reports that “State top court rules man in 1993 beating death must be resentenced.”

Between the time that the defendant committed the criminal acts and the victim’s resulting death some 14 years later, the legislature increased the penalty for the degree of murder that the defendant was later convicted of committing. The question presented was whether the sentencing range in effect at the time the criminal acts were committed or the increased sentencing range in effect when the victim died should apply.

Today’s ruling of the Supreme Court of Pennsylvania consists of a majority opinion, two concurring opinions (here and here), and a dissenting opinion.

Posted at 10:48 PM by Howard Bashman



“Opponents of Christo’s Over The River art project make last legal stand; U.S. Court of Appeals hears oral arguments it case challenging Bureau of Land Management’s 2011 approval plan to drape Arkansas River in fabric”: Jason Blevins of The Denver Post has this news update reporting on a case argued today in the U.S. Court of Appeals for the Tenth Circuit.

And The Associated Press reports that “Opponents ask federal appeals court to throw out permission for Christo’s Over the River work.”

Posted at 8:40 PM by Howard Bashman



Supreme Court of Pennsylvania rejects “single subject” challenge to law banning wrongful birth and wrongful life suits, holding that challenge arose too long after enactment of the legislation: You can access today’s unanimous ruling of Pennsylvania’s highest court at this link.

Posted at 2:54 PM by Howard Bashman



“Americans deeply split on abortion as Supreme Court takes case: Reuters/Ipsos poll.” Lawrence Hurley of Reuters has this report.

Posted at 2:36 PM by Howard Bashman



“The Stealth Corporate Takeover of the Supreme Court: Three cases under consideration show how Big Business is using the court to tilt the law in its favor.” Simon Lazarus has this article online today at the New Republic.

Posted at 1:38 PM by Howard Bashman