How Appealing



Tuesday, February 23, 2021

“Appeals court tosses $44.7 million verdict in shooting by off-duty Chicago cop, says city can’t be held liable”: Jason Meisner and Stacy St. Clair of The Chicago Tribune have this report.

And Jon Seidel of The Chicago Sun-Times reports that “Federal appeals court tosses $44.7M judgment against city in shooting that left man severely disabled; A jury in 2017 found that onetime Chicago Police Officer Patrick Kelly shot his friend, Michael LaPorta, while off-duty; But the 7th U.S. Circuit Court of Appeals said Kelly ‘was not acting as a Chicago police officer but as a private citizen’ when LaPorta was shot.”

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

Posted at 7:16 PM by Howard Bashman



“Her Husband Got Covid-19. She’s Suing His Employer. The California lawsuit argues that the virus is akin to on-the-job toxins like asbestos.” Law professor Stephen L. Carter has this essay online at Bloomberg Opinion.

Posted at 6:53 PM by Howard Bashman



“Federalism Shows Its Age Fighting Covid-19, Climate Change; A system designed for 13 former British colonies may no longer be enough for the challenges facing the U.S.” Law professor Noah Feldman has this essay online at Bloomberg Opinion.

Posted at 6:46 PM by Howard Bashman



“The Supreme Court is about to hear two cases that could destroy what remains of the Voting Rights Act; A 6-3 Republican Court will hear one of the most aggressive attacks on voting rights since Jim Crow”: Ian Millhiser has this essay online at Vox.

Posted at 6:38 PM by Howard Bashman



“The 12th Amendment’s Dangerous Defect: What if it had been up to Congress to choose the president Jan. 6?” John Steele Gordon has this op-ed in today’s edition of The Wall Street Journal.

Posted at 6:32 PM by Howard Bashman



“Chuck Grassley unapologetic about blocking Merrick Garland from U.S. Supreme Court”: Bart Jansen of USA Today has this report.

Posted at 1:56 PM by Howard Bashman



“Justice Department asks Supreme Court to cancel argument in case on Trump’s Medicaid work requirements; The Trump administration had approved plans by two states to deny coverage to poor people unless they were working, volunteering, or training for a job”: Pete Williams of NBC News has this report.

Posted at 1:54 PM by Howard Bashman



“Supreme Court to debate whether misdemeanors can be a foot in the door for warrantless home search”: John Fritze of USA Today has this report.

Posted at 1:52 PM by Howard Bashman



“New Cert Petition on ‘Appealing’ Summary-Judgment Denials; A new cert petition asks if a denied summary-judgment motion preserves purely legal issues for appeal”: Bryan Lammon has this post at his “final decisions” blog. See also this related post of mine from earlier today.

Posted at 1:46 PM by Howard Bashman



“The Court Won’t End Election Anarchy; The Justices demur on a case over Pennsylvania’s 10,000 late ballots”: This editorial appears in today’s edition of The Wall Street Journal.

Posted at 1:14 PM by Howard Bashman



“Are You Still a Person if You’re Dead? DNA Court Case May Answer.” Jordan S. Rubin of Bloomberg Law has a report that begins, “Powerhouse attorney Paul Clement is pressing a Tennessee court for DNA testing to prove a man’s innocence in a potential history-making case that could turn on a single word.”

Posted at 10:54 AM by Howard Bashman



The question is moot: So ruled a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit yesterday, in an opinion by Circuit Judge Frank H. Easterbrook, refusing to reach the merits of a challenge to the ballot signature requirements for candidates seeking election to the Supreme Court of Illinois.

In earlier news coverage, John Seasly of Injustice Watch reported that “Clint Krislov will likely be removed from state Supreme Court race.”

Posted at 9:58 AM by Howard Bashman