How Appealing



Friday, June 30, 2017

“Reminder from 3rd Circuit: Government lawyers’ free speech rights are restricted.” Alison Frankel’s “On the Case” from Thomson Reuters News & Insight has this post.

Posted at 11:55 PM by Howard Bashman



“D.C. Circuit Review — Reviewed: Welcome to Lancaster.” Aaron Nielson has this post at the “Notice & Comment” blog of the Yale Journal on Regulation.

Posted at 11:52 PM by Howard Bashman



“DOJ’s curious Supreme Court brief in Arab Bank Alien Tort case”: Alison Frankel’s “On the Case” from Thomson Reuters News & Insight has this post.

Posted at 11:38 PM by Howard Bashman



Thursday, June 29, 2017

“Lawyerly Lairs: Justice Neil Gorsuch’s House, On The Market For $1.7 Million; This house is handsome and conservative — just like its owner, Justice Neil ‘Silver Fox’ Gorsuch.” David Lat has this post at “Above the Law.”

Posted at 11:02 PM by Howard Bashman



“Stunning drop in federal plaintiffs’ win rate is complete mystery — new study”: Alison Frankel’s “On the Case” from Thomson Reuters News & Insight has this post.

Posted at 10:50 PM by Howard Bashman



“Law Firm Not Liable for $1.5B Loan Gaffe”: Lorraine Bailey of Courthouse News Service has an article that begins, “Entities that lent General Motors $1.5 billion before it went bankrupt cannot sue GM’s law firm, Mayer Brown, for accidentally cancelling the collateral on the loan, the Seventh Circuit ruled.”

You can access yesterday’s ruling of a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit at this link.

Posted at 10:44 PM by Howard Bashman



“Trump’s judicial nominee from Louisville ducks questions about his controversial blog posts”: Andrew Wolfson of The Courier-Journal of Louisville, Kentucky has this report.

Posted at 12:48 AM by Howard Bashman



“Appeals court lifts Ohio executions injunction”: Jim Provance of The Toledo Blade has this report.

Eric Heisig of The Cleveland Plain Dealer reports that “Ohio can use three-drug combination to resume executing those on death row, appeals court says.”

Alan Johnson of The Columbus Dispatch reports that “US Supreme Court will be asked to halt Ohio executions.”

Lisa Cornwell and Kantele Franko of The Associated Press report that “Appeals court ruling opens door to Ohio resuming executions.”

And Chris Kenning of Reuters reports that “U.S. appeals court lifts injunction against Ohio executions.”

You can access Wednesday’s 8-to-6 en banc ruling of the U.S. Court of Appeals for the Sixth Circuit at this link.

Posted at 12:18 AM by Howard Bashman



Wednesday, June 28, 2017

“This should be interesting: a Porngate-related Third Circuit oral argument.” Matthew Stiegler has this post at his “CA3blog.”

Posted at 11:44 PM by Howard Bashman



“Canada’s top court upholds worldwide injunction against Google”: Sean Fine of The Toronto Globe and Mail has an article that begins, “The Supreme Court has ordered Google to drop a company’s websites from its search engine, not just in Canada but around the world, in a landmark case on the protection of intellectual property in the Internet age.”

Jack Nicas of The Wall Street Journal reports that “Google Must Remove a Search Result Globally, Canada Court Rules; Google said it’s reviewing decision and evaluating next steps.”

Leah Schnurr of Reuters reports that “Canada’s top court rules Google must block some results worldwide.”

The Canadian Press has a report headlined “‘Internet has no borders,’ Supreme Court of Canada says in ruling against Google.”

Mike Laanela of CBC News reports that “Canada’s top court backs order for Google to remove firm’s website from global searches; ‘We have just beaten Google in the Supreme Court of Canada. It’s about as good as it gets.’

Joe Mullin of Ars Technica reports that “Google must alter worldwide search results, per orders from Canada’s top court; Vancouver tech company seeks to de-list a website selling alleged counterfeits.”

And at the “THR, Esq.” blog of The Hollywood Reporter, Ashley Cullins has a post titled “Google Stuck With Worldwide Injunction in Canadian Legal Fight; ‘We have not, to date, accepted that freedom of expression requires the facilitation of the unlawful sale of goods,’ states the opinion.”

You can access today’s 7-to-2 ruling of the Supreme Court of Canada at this link.

Posted at 9:08 PM by Howard Bashman



“Unlocking the Mysteries of the Supreme Court’s Entry Ban Case”: Marty Lederman has this post at the “Take Care” blog.

Posted at 12:18 PM by Howard Bashman



Electronic highway toll collection — inexpensive and convenient, until it’s not: On Tuesday, a three-judge panel of the U.S. Court of Appeals for the Fifth Circuit issued an opinion that explained, “The Plaintiffs in this case, who were assessed fees totaling hundreds and in some cases thousands of dollars after they repeatedly refused to pay tolls, contend that the $25 administrative fee violates their right to substantive due process under the Fourteenth Amendment.”

A federal district court ruled that the $25 fee did not violate the plaintiffs’ substantive due process rights, and yesterday a unanimous three-judge Fifth Circuit panel agreed.

Posted at 12:09 PM by Howard Bashman



“Consensus Marks Supreme Court Term; Chief justice steered court to high-profile decisions that were viewed as measured”: Jess Bravin and Brent Kendall have this article in today’s edition of The Wall Street Journal.

Posted at 12:03 PM by Howard Bashman



“Democrats fume over early Gorsuch rulings; Conservative moves by the new Supreme Court justice draw mixed reviews”: Josh Gerstein of Politico.com has this report.

Posted at 12:00 PM by Howard Bashman



Tuesday, June 27, 2017

“As a jurist formerly known as reasonable, I disagree.” Today, Senior D.C. Circuit Judge Stephen F. Williams issued a dissenting opinion that begins, “My colleagues have determined that no ‘jurists of reason would find . . . debatable’ whether Carlton Blount’s habeas petition is timely. As a jurist formerly known as reasonable, I disagree.”

Posted at 11:57 PM by Howard Bashman



“What the Supreme Court’s Travel Ban Ruling Means in Practice”: Jonathan Blitzer has this post online at The New Yorker.

Posted at 11:42 PM by Howard Bashman



“Goodbye, Establishment Clause: The Supreme Court’s ruling in Trinity Lutheran v. Comer threatens to obliterate the divide between church and state.” Perry Grossman and Mark Joseph Stern have this jurisprudence essay online at Slate.

Online at Bloomberg View, law professor Noah Feldman has an essay titled “Supreme Court Weakens Wall Between Church and State: Allowing a Missouri church to receive state money for playground resurfacing opens the door to other payments.”

And online at The Atlantic, law professor Garrett Epps has an essay titled “A Major Church-State Ruling That Shouldn’t Have Happened: In Trinity v. Comer, there was no remaining dispute between the actual parties — and both the majority opinion and the leading dissent got the issue wrong.”

Posted at 11:37 PM by Howard Bashman



“Justice Gorsuch Wastes No Time Stirring Up Trouble: His dissent in a gay-rights case reads like a rallying cry for conservative resistance.” Law professor Noah Feldman has this essay online at Bloomberg View.

Posted at 11:30 PM by Howard Bashman