How Appealing



Thursday, July 20, 2017

“Will East Texas be able to keep patent cases, despite the Supreme Court? A single work-at-home salesman may be enough to push ahead with a patent trial.” Joe Mullin of Ars Technica has this report.

Posted at 8:32 AM by Howard Bashman



“Supreme Court building to get $1B rehab in 2023, well after systems risk failure; Building elements at risk of collapse before rehabilitation project can begin”: Dean Beeby of CBC News has this report.

Posted at 8:30 AM by Howard Bashman



Wednesday, July 19, 2017

“Richard Cordray is running for Ohio governor, Supreme Court justice was told”: Jeremy Pelzer of The Cleveland Plain Dealer has an article that begins, “Former Ohio Attorney General Richard Cordray is going to run for governor of Ohio, Ohio Supreme Court Justice Bill O’Neill said he was told last week by a mutual friend.”

Posted at 10:58 PM by Howard Bashman



This headline is mostly true — “A Florida judge quoted ‘Game Of Thrones’ in his latest ruling on free speech“: Except the author of the decisionEleventh Circuit Judge Robin S. Rosenbaum — is female.

If only there were somewhere that people might look to avoid making an incorrect assumption about a judge’s gender. And, for the record — Batman fans notwithstanding — Judge Rosenbaum can’t even lay claim to having the most gender deceptive first name among current Eleventh Circuit judges.

Posted at 10:26 PM by Howard Bashman



“Letting Obamacare Fail Would Break Trump’s Oath: It’s a violation of the Constitution to intentionally kill a valid law.” Law professor Noah Feldman has this essay online at Bloomberg View.

Posted at 8:42 PM by Howard Bashman



“A Prayer for the Real Victims: For Jeff Sessions and the Supreme Court, the battle for Christians’ religious liberty is one of the only fights that matters.” Dahlia Lithwick has this jurisprudence essay online at Slate.

Posted at 8:37 PM by Howard Bashman



“Citing Recusal, Trump Says He Wouldn’t Have Hired Sessions”: Peter Baker, Michael S. Schmidt, and Maggie Haberman of The New York Times have this report.

Posted at 8:26 PM by Howard Bashman



“Benchslap Of The Day: Sometimes Less Is More, Counselor; Protip: try not to raise 29 issues on appeal.” David Lat has this post at “Above the Law.”

My coverage from earlier this afternoon can be accessed here.

Posted at 5:18 PM by Howard Bashman



“Judge Merrick Garland For President — Of Harvard University; The former Supreme Court nominee would make a perfect leader for the great university”: David Lat has this post at “Above the Law.”

Posted at 2:33 PM by Howard Bashman



“Ninth Circuit poised to resolve major free speech issue in secret proceeding”: Paul Alan Levy has this post at the “Consumer Law & Policy Blog” of the Public Citizen Litigation Group.

Posted at 2:30 PM by Howard Bashman



“Murder of FSU law professor reaches third-year anniversary”: Julie Montanaro of WCTV Eyewitness News has a report that begins, “On July 18, 2014, Florida State University Law professor Dan Markel was gunned down in his own driveway.”

Posted at 2:24 PM by Howard Bashman



Pa. Superior Court criticizes appellate counsel for defendants/appellants for raising too many issues but softens the blow by overturning $38.5 million punitive damages award: You can access yesterday’s ruling of a unanimous three-judge panel of the Superior Court of Pennsylvania at this link. The criticism to which the title of this post refers appears in footnote 20 of the opinion, on page 14, which you can access directly by clicking here.

Although counsel for plaintiffs/appellees/cross-appellants only raised an additional two issues, they too were the subject of the panel’s criticism for violating “our admonition against multiplication of marginal issues” (see footnote 22 on page 17 via this link).

Teresa Ficken Sachs served as lead appellate counsel for defendants/appellants, and Charles Becker served as lead appellate counsel for plaintiffs/appellees/cross-appellants.

Posted at 2:08 PM by Howard Bashman



“Supreme Court allows Trump travel ban enforcement, but says it must allow broader exemptions for relatives”: Robert Barnes of The Washington Post has this report.

Adam Liptak of The New York Times reports that “Trump Refugee Restrictions Allowed for Now; Ban on Grandparents Rejected.”

Richard Wolf of USA Today reports that “Supreme Court allows more exemptions to Trump travel ban.”

Lawrence Hurley of Reuters reports that “U.S. Supreme Court partly rejects Trump on travel ban.”

Mark Sherman of The Associated Press reports that “Justices allow strict enforcement of Trump refugee ban.”

And Ariane de Vogue of CNN.com reports that “Supreme Court says grandparents, relatives can enter US despite travel ban.”

You can access today’s order of the U.S. Supreme Court at this link.

Posted at 1:54 PM by Howard Bashman



“Beverage industry appeals to Pa. Supreme Court”: Julia Terruso of The Philadelphia Inquirer has an article that begins, “The American Beverage Association, along with local merchants fighting the Philadelphia Sweetened Beverage Tax, has appealed a June ruling upholding the levy.”

Posted at 8:24 AM by Howard Bashman



“Betty Dukes, Greeter Whose Walmart Lawsuit Went to Supreme Court, Dies at 67”: Michael Corkery of The New York Times has written this obituary.

Posted at 8:22 AM by Howard Bashman



“Felicity Jones Set As SCOTUS Justice Ruth Bader Ginsburg In ‘On The Basis Of Sex'”: Mike Fleming Jr of Deadline.com has this report.

Kate Feldman of The New York Daily News reports that “Felicity Jones to play Supreme Court Justice Ruth Bader Ginsburg in ‘On the Basis of Sex’ biopic.”

And Oliver Gettell of Entertainment Weekly reports that “Felicity Jones to play Ruth Bader Ginsburg in On the Basis of Sex; The ‘Rogue One’ actress replaces Natalie Portman.”

Posted at 8:17 AM by Howard Bashman



Tuesday, July 18, 2017

“Judicially Supervised Plunder”: At the blog of the Library of Law and Liberty, Mark Pulliam has a post that begins, “The unexpected retirement of Judge Janice Rogers Brown, 68, from the U.S. Court of Appeals for the D.C. Circuit will trigger a well-deserved celebration of her extraordinary judicial career, both as a federal appellate judge (since 2005) and previously as a member of the California Supreme Court (1996 to 2005).”

Posted at 11:18 AM by Howard Bashman



“A Changing of the Guard? (Probably Not But the Evidence is Mixed)” Adam Feldman has this post at his “Empirical SCOTUS” blog.

Posted at 11:14 AM by Howard Bashman



Monday, July 17, 2017

“A Defender of the Constitution, With No Legal Right to Live Here”: In Tuesday’s edition of The New York Times, Jennifer Medina will have an article that begins, “She spends her days preparing legal strategies to help undocumented immigrants stay in the country. But at any moment, Lizbeth Mateo could be picked up for deportation herself. She is an immigration lawyer with her own immigration lawyer.”

Posted at 11:08 PM by Howard Bashman



“Restoration of the judiciary continues; The Senate Judiciary Committee advances a slate of new judges”: This editorial appears online at The Washington Times.

Posted at 6:05 PM by Howard Bashman



“Gay Rights Groups Seek One More Win From Justice Kennedy”: Adam Liptak will have this new installment of his “Sidebar” column in Tuesday’s edition of The New York Times.

Posted at 2:38 PM by Howard Bashman



“The troubling politics of the Texas Supreme Court’s reversal on same-sex benefits”: Emma Kromm has this post at Facing South, the online magazine of the Institute for Southern Studies.

Posted at 1:54 PM by Howard Bashman