How Appealing



Sunday, August 13, 2017

“Court Lets Stand $40 Million Award To Student Sickened After A Tick Bite While On School Trip”: Edmund H. Mahony of The Hartford Courant has this report.

Friday’s ruling of the Supreme Court of Connecticut consists of the opinion of the court and two concurring opinions (here and here).

The case was before Connecticut’s highest court on certified question of the U.S. Court of Appeals for the Second Circuit. My coverage of the Second Circuit’s earlier ruling in this case can be accessed here.

Posted at 10:12 AM by Howard Bashman



Saturday, August 12, 2017

“22 states back bid to keep New Mexico 10 Commandments statue”: Susan Montoya Bryan of The Associated Press has this report.

Posted at 8:54 PM by Howard Bashman



Friday, August 11, 2017

“Supreme Court president Lord Neuberger talks future plans, Brexit nerves and what the justices do for lunch”: Katie King has this post at the “Legal Cheek” blog.

Posted at 1:42 PM by Howard Bashman



“Nebraska funeral picketing law upheld in appellate court”: Lori Pilger of The Lincoln Journal Star has an article that begins, “Nebraska’s funeral picketing law, which creates a city-block buffer around funerals, survived a challenge by a Kansas church known for anti-gay protests outside soldiers’ funerals.”

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

Posted at 1:18 PM by Howard Bashman



“Supreme Court 2016 Statutory Term in Review: Disregarding Legislative History’s Textualist Uses in SW General.” Asher Steinberg has this post at his blog, “The Narrowest Grounds.”

Posted at 12:50 PM by Howard Bashman



“Trump’s judge picks snub Democrats; Democratic senators accuse the administration of not consulting them on lifetime appointments to the bench”: Seung Min Kim of Politico.com has this report.

Posted at 12:12 PM by Howard Bashman



Thursday, August 10, 2017

“Ole Miss Edges Out of Its Confederate Shadow, Gingerly”: In today’s edition of The New York Times, Stephanie Saul has an article that begins, “Other than William Faulkner and the father and son quarterbacks Archie and Eli Manning, few figures in this town’s history are better known locally than Lucius Q. C. Lamar. A professor at Ole Miss before and after the Civil War, he served in both chambers of Congress and as a Supreme Court justice.”

Posted at 8:50 PM by Howard Bashman



Wednesday, August 9, 2017

“With a Kansas Supreme Court opinion in his briefcase, Chief Justice Lawton Nuss reports for jury duty”: Steve Fry and Eric Smith of The Topeka Capital-Journal have this report.

Posted at 10:40 PM by Howard Bashman



“Disney discloses $177M charge in wake of BPI settlement”: Nick Hytrek of The Sioux City (Iowa) Journal has this report.

Reuters has a report headlined “Disney pays at least $177 million to settle ‘pink slime’ case: filing.”

And at the “THR, Esq.” blog of The Hollywood Reporter, Eriq Gardner has a post titled “Disney Discloses $177 Million Settlement in Aftermath of ABC’s ‘Pink Slime’ Trial; Beef Products Inc. had been demanding billions until a defamation trial abruptly ended in late June.”

Posted at 10:16 PM by Howard Bashman



“Must DOJ lawyers follow state ethics rules? New Mexico asks SCOTUS to decide.” Alison Frankel’s “On the Case” from Thomson Reuters News & Insight has this post.

Posted at 10:06 PM by Howard Bashman



“The ‘9th Circus’ is Badly Broken — Let’s Fix It”: Mark Pulliam has this post at the “American Greatness” blog.

Posted at 7:54 PM by Howard Bashman



“The First Amendment (Literally) Banned in DC”: Lee Rowland, Arthur Spitzer, and Leslie Mehta have this post at the ACLU’s “Speak Freely” blog.

Posted at 1:28 PM by Howard Bashman



“The smartest people in Trumpland: The brightest minds in Trump’s orbit will keep his legacy alive and thriving long after he is gone.” Online at ThinkProgress, Ian Millhiser has an essay that begins, “John Bush comes off as a bit of a goober.”

Posted at 1:07 PM by Howard Bashman



“From Bork to Willett: Is the Conservative Legal Movement Going Libertarian? Libertarian legal ideas are gaining ground.” Damon Root has this post at the “Hit & Run” blog of Reason.com.

Posted at 11:33 AM by Howard Bashman



“All-Star Legal Team Launches Institute for Constitutional Advocacy and Protection at Georgetown Law”: Georgetown University Law Center issued this news release today.

Posted at 10:54 AM by Howard Bashman



Tuesday, August 8, 2017

“Maine allowed to enforce law against protests loud enough to be heard inside a building; An appeals court overturns a federal injunction against enforcing the state law, which had targeted a protester shouting outside a Planned Parenthood clinic in Portland”: Edward D. Murphy of The Portland Press Herald has this report.

And Judy Harrison of The Bangor Daily News reports that “State noise ordinance can be used against abortion protesters, court rules.”

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

Posted at 11:30 PM by Howard Bashman



“Bench Brackets — Highest Highs and the Lowest Lows”: Bloomberg BNA has posted online this video, in which “Bloomberg BNA’s Kimberly Robinson and Patrick Gregory break down last term’s highest highs and lowest lows in another installment of Bench Brackets.”

Posted at 11:00 PM by Howard Bashman



“Appellate Practice Do’s and Don’ts”: The U.S. Court of Appeals for the Ninth Circuit has posted this video on YouTube.

As described by the “How Appealing” reader who emailed to draw the existence of this video to my attention: “[Y]ou might find interesting this presentation put on by the Orange County Bar Association‘s Appellate Law Section (and moderated by attorney James Azadian), which included as panel members Judges Consuelo M. Callahan, Sandra S. Ikuta, and David A. Faber, a senior federal district court judge for the Southern District of West Virginia who often sits by designation on the Fourth and Ninth Circuits.”

My correspondent continued, “All three judges provided remarkable insight and advice on appellate advocacy, along with some interesting opinions on the current discussions regarding the proposed Ninth Circuit split and the Ninth Circuit’s elusive en banc procedure.”

Posted at 10:23 PM by Howard Bashman