How Appealing



Wednesday, August 10, 2016

“Beyond Seminole Rock — Or Why What We Think We Know About Administrative Deference May Be Wrong”: Aaron Nielson has this post at the “Notice & Comment” blog of the Yale Journal on Regulation about his article titled “Beyond Seminole Rock” posted today at SSRN.

Posted at 11:40 PM by Howard Bashman



“Kimberly Budd confirmed unanimously to Massachusetts Supreme Judicial Court”: Shira Schoenberg of The Republican of Springfield, Massachusetts has this report.

Posted at 8:47 PM by Howard Bashman



“Ventura says he’ll ask the Supreme Court to hear his defamation case, plus seek a new trial; The former Minnesota governor declared that the legal battle to clear his name has made the past four years ‘hell’ for him and his wife”: Randy Furst of The Minneapolis Star Tribune has this report.

Posted at 8:40 PM by Howard Bashman



“Ottawa stripped Atlantic Canada of inclusion on Supreme Court with barely a peep; Justin Trudeau’s approach to Canada’s top court shows the problem with putting all our chips on red”: Peter Cowan of CBC News has this news analysis.

Posted at 8:32 PM by Howard Bashman



“Hudson and MacDonald move on to general election in race for state Supreme Court seat”: Greta Kaul of MinnPost has an article that begins, “Apparently, voters got the message that there was a Minnesota Supreme Court race on the primary election ballot Tuesday.”

Posted at 8:30 PM by Howard Bashman



“Group linked to Carr brothers’ victims pushes to oust Kansas Supreme Court justices; Kansans for Justice launch non-retention campaign”: Jonathan Shorman of The Topeka Capital-Journal has an article that begins, “A group with ties to victims of the Carr brothers kicked off a push Wednesday to oust several Kansas Supreme Court justices, who they fault for overturning the death sentences of the two men before the U.S. Supreme Court reversed the decision.”

Posted at 8:14 PM by Howard Bashman



“‘Sister Wives’ planning polygamy petition to U.S. Supreme Court”: Ben Winslow of Salt Lake City’s Fox 13 News has this report.

Posted at 8:10 PM by Howard Bashman



“The Supreme Court sends mixed signal on Hurst ruling’s meaning”: Lyle Denniston has this post today at the “Constitution Daily” blog of the National Constitution Center.

Posted at 7:44 PM by Howard Bashman



“‘Second Amendment People’ Solutions: Trump’s Clinton ‘joke’ was no coincidence; The GOP espouses a right to bear arms whose logical conclusion is political assassination.” Mark Joseph Stern has this jurisprudence essay online today at Slate.

Posted at 7:40 PM by Howard Bashman



“Honda: Crashworthiness Jury Instructions Fail in Wake of ‘Tincher.'” Max Mitchell of The Legal Intelligencer has this report on the case I argued yesterday on behalf of the plaintiffs-appellees before a three-judge panel of the Pa. Superior Court.

You can access online Honda’s Brief for Appellant, the Brief for Plaintiffs-Appellees, Honda’s Reply Brief for Appellant, an amicus brief filed in support of Honda, and an amicus brief filed in support of plaintiffs-appellees.

As The Legal Intelligencer’s article explains, earlier this year a unanimous three-judge Pa. Superior Court panel issued an unpublished opinion in Cancelleri v. Ford Motor Co. that rejected many of the very same arguments that Honda is making in its current appeal. As previously noted here, I also served as appellate counsel for the plaintiffs-appellees in Cancelleri.

Pa. Superior Court Judge Anne E. Lazarus, in her opinion for the unanimous panel in Cancelleri, explained that “in crashworthiness cases, the jury is required to determine whether the vehicle was defective in design as well as whether an alternative, safer, and practicable design existed at the time of design that could have been used instead,” thereby complying with the Pa. Supreme Court‘s decision in Tincher v. Omega Flex, Inc., which issued after jury verdicts in favor of the plaintiffs had issued in both Cancelleri and Martinez.

The Pa. Superior Court’s opinion in Cancelleri also held that Tincher did not mandate the admission of industry or governmental standards evidence at the defendant’s behest. In June 2016, in an unpublished opinion issued in Webb v. Volvo Cars, a separate three-judge Pa. Superior Court panel reached the same result, holding (in an opinion for the panel written by Pa. Superior Court Judge Victor P. Stabile) that Tincher did not mandate the admission of industry or governmental standards evidence.

Perhaps also worth noting, earlier this year the trial court in Tincher itself denied defendant Omega Flex’s renewed motion for post-trial relief on remand from the Pa. Supreme Court, holding that the the Pa. Supreme Court’s ruling did not require a retrial of the case.

Posted at 5:06 PM by Howard Bashman



“Petition for rehearing en banc filed in the 9th Circuit’s recent CFAA case, Facebook v. Vachani”: Orin Kerr has this post today at “The Volokh Conspiracy.”

Posted at 3:00 PM by Howard Bashman



“The DC Circuit Should Invalidate The Net Worth Sweep Of Fannie/Freddie Assets; A motley collection of procedural objections should not block a long overdue decision”: Law professor Richard Epstein has this post at Forbes.com.

Posted at 2:56 PM by Howard Bashman



“The University of Chicago Law Review Online Symposium: Presidential Politics and the 113th Justice.” You can access the contents via this link.

Posted at 9:10 AM by Howard Bashman



“11 lawyers apply to fill 2 seats on Arizona’s expanded Supreme Court”: Howard Fischer of The Arizona Daily Star has an article that begins, “Eleven lawyers have applied to be one of the two new justices that Gov. Doug Ducey will select for the expanded Arizona Supreme Court.”

Posted at 9:05 AM by Howard Bashman



“Judge: Glenn Beck must identify sources on Boston Marathon bombing.” Josh Gerstein of Politico.com has this blog post.

Posted at 9:02 AM by Howard Bashman



“Suit: Politics, porn scandal behind changes in Pa. ballot question.” In today’s edition of The Philadelphia Inquirer, Maria Panaritis has an article that begins, “A court filing Tuesday suggested that political motives and concerns over a Supreme Court pornography scandal were behind efforts to alter the wording of a judicial retirement-age ballot question to extend the tenure of Pennsylvania judges to age 75.”

And last Thursday, The Philadelphia Daily News published an editorial titled “Plan to change retirement age for judges seems shady.”

You can access the documents filed in the case, including the Brief for Appellants filed yesterday, via this link.

Posted at 8:46 AM by Howard Bashman