How Appealing



Friday, August 18, 2017

“Roger Taney statue removed from Maryland State House grounds overnight”: Pamela Wood and Erin Cox of The Baltimore Sun have this report.

Josh Hicks of The Washington Post has an article headlined “Justice Taney defended slavery in 1857. Now his statue is gone from Md.’s State House.”

Scott Calvert of The Wall Street Journal reports that “Maryland Removes Second Taney Statue Overnight; The monument to the former Supreme Court justice who wrote pro-slavery ‘Dred Scott’ decision was on State House grounds in Annapolis.”

Brian Witte of The Associated Press reports that “Maryland removes Dred Scott ruling author’s statue.”

Susan Heavey of Reuters reports that “Maryland removes statue of 19th century slavery advocate.”

And in related news coverage, Tirdad Derakhshani and Chris Mondics of The Philadelphia Inquirer have an article headlined “Philadelphia street has a Civil War-era link: Who was Roger Taney?

Posted at 1:30 PM by Howard Bashman



Thursday, August 17, 2017

“Uber wins U.S. court appeal to push price-fixing case to arbitration”: Jonathan Stempel of Reuters has this report.

Chris Dolmetsch of Bloomberg News reports that “Uber Wins Ruling in Bid to Keep Price-Fix Suit Out of Court.”

Greg Bensinger of The Wall Street Journal reports that “Uber Wins Ruling on ‘Terms of Service’ Agreements; Federal court finds online agreements are binding, regardless of whether customers read or understand them.”

And in commentary, Alison Frankel’s “On the Case” from Thomson Reuters News & Insight has a post titled “2nd Circuit’s Uber arbitration ruling huge win for app industry.”

You can access today’s ruling of the U.S. Court of Appeals for the Second Circuit at this link.

Posted at 10:14 PM by Howard Bashman



“Federal Judicial Nominations: A Quick Recap; The August recess offers a good opportunity to evaluate the state of play in judicial nominations.” David Lat has this post at “Above the Law.”

Posted at 9:40 PM by Howard Bashman



“In Backing Alt-Right, A.C.L.U. Embraces Role in Defending ‘Groups We Detest'”: Joseph Goldstein of The New York Times has this report.

Posted at 9:15 PM by Howard Bashman



“Labour brawl: A new threat to public-sector unions is headed to the Supreme Court; Can a union charge non-members for negotiating on their behalf?” Steven Mazie has this post at the “Democracy in America” blog of The Economist.

Posted at 8:24 PM by Howard Bashman



Programming note: This morning, I will be meeting with co-counsel in an appeal scheduled for oral argument next week. As a result, additional posts will appear here this afternoon.

As always while I am traveling, additional appellate-related retweets likely will appear on this blog’s Twitter feed.

Posted at 7:54 AM by Howard Bashman



Wednesday, August 16, 2017

“Can Lower Courts Identify Scrivener’s Errors on Remand in Higher Courts’ Opinions? A Thought on Judge Posner in Sears.” Asher Steinberg has this post at his blog, “The Narrowest Grounds.”

Posted at 5:26 PM by Howard Bashman



“3rd Circuit backtracks (a teeny bit) on ascertainability, adding to SCOTUS drama”: Alison Frankel’s “On the Case” from Thomson Reuters News & Insight has this post.

Posted at 4:58 PM by Howard Bashman



Access Judge Thapar’s first published Sixth Circuit opinion since he joined that court: Today, Circuit Judge Amul R. Thapar issued this published opinion on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Sixth Circuit in a case captioned Gerboc v. ContextLogic, Inc.

As some readers will know, Judge Thapar had previously been the author of published Sixth Circuit opinions, but those issued while he was sitting by designation in his former capacity as a federal district judge.

Posted at 2:16 PM by Howard Bashman



“Swing time: Justice Kennedy will take centre stage during the Supreme Court’s upcoming term; Disputes over gerrymandering, gay rights and Donald Trump’s travel ban may hinge on his vote.” Steven Mazie has this post at the “Democracy in America” blog of The Economist.

Posted at 1:44 PM by Howard Bashman



Tuesday, August 15, 2017

“LinkedIn data-scraping case highlights calls for SCOTUS review of computer fraud law”: Alison Frankel’s “On the Case” from Thomson Reuters News & Insight has this post.

Posted at 9:58 PM by Howard Bashman



“Texas is Ground Zero as Trump steers the federal judiciary to the right; With 13 federal spots open, Trump set to impact legal climate”: Kevin Diaz of The Houston Chronicle has this report.

Posted at 3:55 PM by Howard Bashman



“Showdown Coming over Antidiscrimination Law”: Mark Pulliam has this post at the blog of the Library of Law and Liberty about the Second Circuit’s decision to rehear en banc a case asking whether Title VII’s prohibition on sex discrimination encompasses discrimination based on sexual orientation.

And at Fortune.com, law professor Andrew Koppelman recently had a related post titled “Why the Trump Administration Will Lose its Case Against Gay Rights.”

Posted at 10:25 AM by Howard Bashman



“A Top Lawyer Asks Supreme Court To Hear A Major Death Penalty Case; In a new filing, Neal Katyal is asking the high court to consider Arizona’s death penalty law — and whether the death penalty itself is unconstitutional”: Chris Geidner of BuzzFeed News has this report.

Posted at 10:18 AM by Howard Bashman



Monday, August 14, 2017

“Supreme Court 2016 Term in Review: (Apparent) Mistake, Another Textualist Possibility Unexplored in SW General”: Asher Steinberg has this post at his blog, “The Narrowest Grounds.”

Posted at 2:40 PM by Howard Bashman



“Women now hold the majority on the Utah Court of Appeals for the first time; But men still wear the majority of judicial robes”: Pamela Manson has this front page article in today’s edition of The Salt Lake Tribune.

Posted at 1:09 PM by Howard Bashman



“The spurned couple, the baker and the long wait for the Supreme Court”: Robert Barnes has this article in today’s edition of The Washington Post.

Posted at 12:56 PM by Howard Bashman