How Appealing



Monday, June 10, 2019

“Led Zeppelin gets new hearing in ‘Stairway to Heaven’ copyright case”: Bob Egelko of The San Francisco Chronicle has this report.

Jonathan Stempel of Reuters reports that “U.S. appeals court to revisit Led Zeppelin ‘Stairway’ decision.”

Julius Young of Fox News reports that “Led Zeppelin ‘Stairway to Heaven’ dispute reignited as court hits repeat on copyright case.”

And at the “THR, Esq.” blog of The Hollywood Reporter, Ashley Cullins has a post titled “‘Stairway to Heaven’ Dispute Gets Replay in Appeals Court; Led Zeppelin will have another shot at avoiding a second trial over whether it copied the song.”

You can access today’s order of the U.S. Court of Appeals for the Ninth Circuit granting rehearing en banc at this link.

Posted at 11:27 PM by Howard Bashman



“Supreme Court refuses to consider whether Second Amendment protects gun silencers”: Richard Wolf of USA Today has this report.

Max Brantley of Arkansas Times reports that “U.S. Supreme Court rejects challenge to regulation of gun silencers; Arkansas on wrong end of case.”

Lawrence Hurley of Reuters reports that “Supreme Court rebuffs bid to expand legal protections for gun silencers.”

Greg Stohr of Bloomberg News reports that “Supreme Court Rejects Challenge to Gun-Silencer Registration Law.”

Ariane de Vogue of CNN reports that “Supreme Court rejects challenges to silencer laws.”

And Jacqueline Thomsen of The Hill reports that “Supreme Court rejects challenges to gun silencer law.”

Posted at 10:25 PM by Howard Bashman



“Supreme Court to Hear Racial Discrimination Case Against Comcast”: Adam Liptak of The New York Times has this report.

David G. Savage of The Los Angeles Times reports that “Supreme Court will decide major racial bias suit against cable TV giants.”

Jess Bravin of The Wall Street Journal reports that “Supreme Court to Consider Racial Discrimination Case Against Comcast; High court also rules against Postal Service in patent case.”

Richard Wolf of USA Today reports that “Supreme Court to hear racial discrimination case against telecommunications giant Comcast.”

Bob Fernandez of The Philadelphia Inquirer reports that “U.S. Supreme Court to hear Hollywood mogul’s racial discrimination case against Comcast.”

Andrew Chung of Reuters reports that “Supreme Court to hear Comcast appeal in Byron Allen racial bias suit.”

Greg Stohr of Bloomberg News reports that “Supreme Court to Consider Curbing Racial Discrimination Claims.”

Ariane de Vogue of CNN reports that “Supreme Court takes Comcast race discrimination case.”

Jacqueline Thomsen of The Hill reports that “Supreme Court to hear racial discrimination case against Comcast.”

Jon Brodkin of Ars Technica reports that “Comcast’s fight against racial-bias lawsuit is taken up by Supreme Court; Comcast seeks dismissal of suit claiming refusal to carry TV channels was racist.”

At the “THR, Esq.” blog of The Hollywood Reporter, Eriq Gardner has a post titled “Supreme Court Agrees to Hear Cable TV Bias Dispute; Comcast challenges a ruling allowing a $20 billion lawsuit to move forward.”

And in commentary, online at ThinkProgress, Ian Millhiser has an essay titled “Supreme Court will hear a major attack on anti-discrimination law.”

Posted at 10:16 PM by Howard Bashman



“Ginsburg Hints at Sharp Divisions Ahead as Supreme Court Term Nears End”: Adam Liptak of The New York Times will have this new installment of his “Sidebar” column in Tuesday’s edition of The New York Times.

Posted at 9:57 PM by Howard Bashman



“U.S. Supreme Court to hear Chandler death penalty case”: Jose Moreno of The Arizona Republic has this report.

Howard Fischer of The Arizona Daily Star reports that “US Supreme Court to consider if death-row inmate should be resentenced.”

Julian Paras of Cronkite News reports that “Supreme Court to hear murder appeal that could affect 20 death-row cases.”

And Erika Williams of Courthouse News Service reports that “High Court to Clarify Appeals Standard in Death-Penalty Cases.”

Posted at 9:52 PM by Howard Bashman



“Justice Breyer Raises Specter of Perpetual Detention Without Trial at Guantánamo; The Supreme Court refused to hear the appeal of a man who has been held in wartime detention for 17 years with no end in sight”: Charlie Savage and Carol Rosenberg of The New York Times have this report.

Robert Barnes of The Washington Post reports that “Supreme Court turns away appeal from longtime detainee at Guantanamo Bay.”

Richard Wolf of USA Today reports that “Supreme Court refuses to hear prisoner’s challenge to Guantánamo detention 17 years into Afghanistan conflict.”

Lawrence Hurley of Reuters reports that “Yemeni Guantanamo detainee’s bid for release rejected by Supreme Court.”

Greg Stohr of Bloomberg News reports that “Guantanamo Inmate Rejected by Supreme Court on 17-Year Detention.”

Pete Williams of NBC News has a report headlined “Justice Breyer: Supreme Court should decide if ‘perpetual detention’ permitted at Gitmo; The case involved Moath Hamza Ahmed al-Alwi, a man from Yemen captured by Pakistani forces and accused of being one of Osama bin Laden’s bodyguards.”

Ariane de Vogue of CNN reports that “Supreme Court rejects Guantanamo Bay detention challenge.”

Jacqueline Thomsen of The Hill reports that “Supreme Court declines to take up Guantanamo Bay detainee’s case.”

At the “Lawfare” blog, Robert Chesney has a post titled “Justice Breyer’s Question in al-Alwi: Is Detention Still Justified?

And in commentary, online at Slate, Mark Joseph Stern has a jurisprudence essay titled “Stephen Breyer Is Worried About the Forever War’s Permanent Prisoners. He’s 15 Years Too Late.”

Posted at 9:36 PM by Howard Bashman



“SCOTUS petition: Due process requires fee awards to lawyers outside class action leadership.” Alison Frankel’s “On the Case” from Thomson Reuters News & Insight has this post.

Posted at 7:50 PM by Howard Bashman



“Supreme Court makes more headway on its next term than on the major decisions that remain in this one”: Robert Barnes of The Washington Post has this report.

Posted at 5:53 PM by Howard Bashman



“Clarence Thomas Said What? Adam Cohen on how the Supreme Court justice picked up his thesis on eugenics and ran with it in the opposite direction.” On Saturday, Slate posted online this new installment of its “Amicus” podcast featuring Dahlia Lithwick.

Posted at 1:42 PM by Howard Bashman



“Appeals Court Sides With Search Engines In Battle Over ‘Scam’ Listings”: Wendy Davis of DigitalNewsDaily has this report.

John Eggerton of Broadcasting & Cable reports that “Court Upholds Edge Protection from Third Party Liability; Said that extends even to content they know is false.”

Megan Mineiro of Courthouse News Service reports that “Deceptive Map Results Won’t Leave Google Liable.”

And at his “Technology & Marketing Law Blog, Eric Goldman has a post titled “D.C. Circuit Issues Sweeping Pro-Section 230 Opinion — Marshall’s Locksmith v. Google.”

Chief Judge Merrick B. Garland wrote last Friday’s ruling of the U.S. Court of Appeals for the D.C. Circuit.

Posted at 1:27 PM by Howard Bashman



Access today’s rulings of the U.S. Supreme Court in argued cases: The Court issued rulings in three argued cases.

1. Justice Brett M. Kavanaugh delivered the opinion for a unanimous Court in Quarles v. United States, No. 17-778. And Justice Clarence Thomas issued a concurring opinion. You can access the oral argument via this link.

2. Justice Sonia Sotomayor delivered the opinion of the Court in Return Mail, Inc. v. Postal Service, No. 17-1594. Justice Stephen G. Breyer issued a dissenting opinion, in which Justices Ruth Bader Ginsburg and Elena Kagan joined. You can access the oral argument via this link.

3. And Justice Thomas delivered the opinion for a unanimous Court in Parker Drilling Management Services, Ltd. v. Newton, No. 18-389. You can access the oral argument via this link.

Posted at 10:03 AM by Howard Bashman