How Appealing



Sunday, April 23, 2017

“John Noonan, Federal Judge Who Served for Three Decades, Dies at 90”: This obituary, written by Sam Roberts, appears in today’s edition of The New York Times.

Posted at 8:32 PM by Howard Bashman



“Bearing Witness to Executions: Last Breaths and Lasting Impressions.” Alan Blinder and Manny Fernandez of The New York Times have this article.

Posted at 7:35 PM by Howard Bashman



“Alito Cites GOP Ad to Argue Against Televising Supreme Court Arguments”: Jess Bravin has this post at WSJ.com’s “Washington Wire” blog.

And Friday at that very same blog, Bravin had a post titled “With Court at Full Strength, Alito Foresees Less Conservative Compromise With Liberal Bloc.”

Both posts originate from Bravin’s coverage of Justice Samuel A. Alito, Jr.’s remarks at a fireside chat Thursday afternoon at the Third Circuit‘s Judicial Conference. As I noted in this post earlier today, I came this close to recognizing Bravin, whom I have never formally met in person, that afternoon while he was sitting at a table in the conference’s main hallway typing his reports on his laptop.

Posted at 3:50 PM by Howard Bashman



“With Supreme Court seat filled, GOP looks to lower courts”: Mary Clare Jalonick of The Associated Press has a report that begins, “Republicans have put President Donald Trump’s Supreme Court nominee on the bench, and they’re now in a position to fill dozens more federal judgeships — and reshape some of the nation’s highest courts. Democrats have few ways to stop them.”

Posted at 3:20 PM by Howard Bashman



Some highlights from last week’s Judicial Conference of the U.S. Court of Appeals for the Third Circuit: Finally had the pleasure of meeting in person Senior U.S. District Judge Mark W. Bennett (N.D. Iowa), whose writings and accomplishments I have long admired. Plus, narrowly avoided having to say that this guy was the first federal judge I ever met with his own publicly accessible Twitter account.

Finally got to meet in person fellow Third Circuit Bar Association board member Matthew Stiegler, author of the “CA3 Blog,” with whom I previously co-authored an article criticizing an opinion written by the most recent SCOTUS nomination runner-up.

Had lunch with the always fascinating law professor, law blogger, Twitter superstar, and former law clerk to Justice Anthony M. Kennedy Orin Kerr and got to discuss lots of really interesting stuff with him.

Got to say “hey” and share an electrical outlet with Jess Bravin of The Wall Street Journal without even realizing it until a day later. Next time I’m at a judicial conference and see a Jess Bravin look-alike, I will explore further.

Received a shout-out from Justice Alito during his fireside chat, as noted here and here. According to a longtime Third Circuit judge in attendance at the conference, Justice Alito has been a loyal reader of “How Appealing” almost since this blog’s creation nearly 15 years ago, and early on sent around an email to his Third Circuit colleagues suggesting that they too might enjoy reading the site.

Met the two most recent Third Circuit appointees, neither of whom I have yet had the privilege of appearing before in person.

Received an invite from a Third Circuit judge to speak at an event in Pittsburgh on Halloween. Sounds like a solid strategy to avoid consuming too much leftover candy at home.

Saw lots of old friends and met many new ones; realized I can enjoy attending a federal appellate court’s judicial conference even if I’m not among the speakers/panelists.

Posted at 10:00 AM by Howard Bashman



Saturday, April 22, 2017

“Supreme Court Asked to Save Abbott and Costello ‘Who’s on First?’ Copyright”: Eriq Gardner has this post at the “THR, Esq.” blog of The Hollywood Reporter.

Posted at 10:30 PM by Howard Bashman



“Video Shows Judge on Hudson Shore Before Her Death”: William K. Rashbaum has this article in today’s edition of The New York Times.

Posted at 8:44 PM by Howard Bashman



“D.C. Circuit Review — Reviewed: Knowing is Half the Battle.” Aaron Nielson has this post today at the “Notice & Comment” blog of the Yale Journal on Regulation.

Posted at 8:23 PM by Howard Bashman



“New Justice on the Block: Gorsuch’s first-day performance was self-assured — and slightly irritating to his colleagues.” Mark Joseph Stern recently had this jurisprudence essay online at Slate.

Posted at 3:08 PM by Howard Bashman



“How the Coming Church-State Showdown Could be Avoided: The Supreme Court has ample reason to avoid deciding a case that could erode the Establishment Clause.” Law professor Garrett Epps has this essay online today at The Atlantic.

Online at Bloomberg View, law professor Noah Feldman has an essay titled “Church Playground Case Is a Constitutional Seesaw.”

And online at The New Yorker earlier this week, Jeffrey Toobin had a post titled “The Conservative Agenda for Gorsuch’s First Week.”

Posted at 3:04 PM by Howard Bashman



Friday, April 21, 2017

“He robbed banks and went to prison. His time there put him on track for a new job: Georgetown law professor.” Susan Svrluga of The Washington Post has this report.

Posted at 4:08 PM by Howard Bashman



“Federal Judge McKeague to go on senior status”: Ken Palmer of The Lansing State Journal has an article that begins, “U.S.Circuit Court of Appeals Judge David McKeague plans to go on senior status, federal officials said Thursday.”

Posted at 4:05 PM by Howard Bashman



“Gorsuch casts death-penalty vote in one of his first Supreme Court cases”: Robert Barnes of The Washington Post has this report.

Posted at 4:02 PM by Howard Bashman



“‘Pivotal Moment’ for Democrats? Gerrymandering Heads to Supreme Court.” Michael Wines of The New York Times has this report.

Posted at 3:54 PM by Howard Bashman



“U.S. Supreme Court Justice Samuel Alito Helps Judge First-Ever Garth Competition and Camden Team Wins Close Contest”: Elizabeth Moore of Rutgers University in Newark, New Jersey has this report.

Posted at 3:48 PM by Howard Bashman



Dinner last night as part of the Third Circuit Bar Association‘s Dine-Arounds: Last night at the Third Circuit‘s Judicial Conference in Lancaster, Pa., the judges participated in a judges-only dinner. To provide dining choices for attorneys attending the conference, the Third Circuit Bar Association organized a variety of dine-around options at local restaurants.

I was part of a small group that grabbed dinner at the Lancaster Brewing Company. Joining me for dinner were Matthew Stiegler, author of the “CA3blog“; Mary Catherine Roper, deputy legal director at the ACLU of Pennsylvania; and Maurice Harmon of Harmon & Seidman LLC. A proverbial good time was had by all.

Posted at 9:32 AM by Howard Bashman



“For Supreme Court Justice Samuel Alito, speaking in Lancaster, TV cameras are out, dogs are in”: Jeff Hawkes has this front page article (registration required for full access) in LNP, a daily newspaper in Lancaster, Pennsylvania. A bit more of the article can be freely accessed via the Newseum’s PDF of the newspaper’s front page from today.

And Dan Packel of Law360.com reports that “Justice Alito Still Says No To Video Cameras At High Court” (subscription required for full access).

Posted at 7:50 AM by Howard Bashman



Thursday, April 20, 2017

“Supreme Court Weighs State Aid to Church Programs”: Adam Liptak has this article in today’s edition of The New York Times.

In today’s edition of The Washington Post, Robert Barnes has a front page article headlined “Justices express sympathy with Missouri church at Supreme Court hearing.”

David G. Savage of The Los Angeles Times reports that “Supreme Court appears ready to break down a church-state barrier in certain circumstances.”

In today’s edition of The Wall Street Journal, Jess Bravin has an article headlined “Justices Question Missouri Over Denying Funds to Church School; Supreme Court hears arguments over state grants for playground funding.”

And Richard Wolf of USA Today reports that “Supreme Court justices side with church in playground dispute.”

You can access at this link the transcript of yesterday’s U.S. Supreme Court oral argument in Trinity Lutheran Church of Columbia, Inc. v. Comer, No. 15-577.

Posted at 11:38 PM by Howard Bashman



Wednesday, April 19, 2017

“Superior Court Upholds $55M Crashworthiness Award Against Honda”: Max Mitchell of The Legal Intelligencer has this article in which I am mentioned and quoted.

And Dan Packel of Law360.com reports that “Honda Can’t Topple $55M Seat Belt Defect Verdict In Pa.

My earlier coverage of today’s Pa. Superior Court ruling — in a case in which I am serving as appellate counsel for plaintiffs — can be accessed here. And the appellate briefs filed in the case can be accessed via this earlier post.

Update: In other news coverage, Matt Miller of The Patriot-News of Harrisburg, Pennsylvania reports that “Honda must pay $55.3M to driver paralyzed in rollover crash, Pa. court says.”

Posted at 10:55 PM by Howard Bashman



Programming note: Beginning this afternoon through midday on Friday, I will be attending the Third Circuit‘s Judicial Conference in Lancaster, Pa.

While the conference is underway, this blog will be updated only at night. Regular programming should return by Saturday. As always while I am traveling, more frequent appellate-related retweets will appear on this blog’s Twitter feed.

Posted at 11:45 AM by Howard Bashman



Pa. Superior Court affirms judgment for plaintiffs in Martinez v. Honda: You can access today’s unanimous, non-precedential ruling of a three-judge panel at this link. I am lead appellate counsel for plaintiffs-appellees in this matter.

I previously linked to the parties’ appellate briefs in a post you can access here.

Posted at 11:37 AM by Howard Bashman



Access today’s rulings of the U.S. Supreme Court in argued cases: The Court today issued rulings in two argued cases. Justice Neil M. Gorsuch did not participate in either ruling, as both cases were argued before he reached the Court.

1. Justice Ruth Bader Ginsburg delivered the opinion of the Court in Nelson v. Colorado, No. 15-1256. Justice Samuel A. Alito, Jr. issued an opinion concurring in the judgment. And Justice Clarence Thomas issued a dissenting opinion. You can access the oral argument via this link.

2. And Justice Thomas delivered the opinion of the Court in Manrique v. United States, No. 15-7250. Justice Ginsburg issued a dissenting opinion, in which Justice Sonia Sotomayor joined. You can access the oral argument via this link.

Update: In early news coverage, The Associated Press reports that “Justices require new appeal for challenging victim awards.”

Posted at 10:03 AM by Howard Bashman



Tuesday, April 18, 2017

“Chief Justice — gasp! — may be savior for class-action opt-outs”: Alison Frankel’s “On the Case” from Thomson Reuters News & Insight has this post today.

Posted at 3:42 PM by Howard Bashman