How Appealing



Thursday, July 22, 2021

“A Sixth Circuit Split on Appeals After Voluntary Dismissals; The Sixth Circuit dismissed an appeal when the plaintiff voluntarily dismissed her unresolved claims without prejudice; But the court avoided a finality trap”: Bryan Lammon has this post at his “final decisions” blog about a decision that a divided three-judge panel of the U.S. Court of Appeals for the Sixth Circuit issued yesterday.

Posted at 9:24 PM by Howard Bashman



“As Supreme Court Weighs Harvard Admissions Case, Two Asian Americans Speak Out And Allege Bias”: Kirk Carapezza of GBH News has this report.

Posted at 9:18 PM by Howard Bashman



“The Stephen Breyer Backfire: Efforts to bully him into retirement may end up having the opposite effect.” Columnist Kimberley A. Strassel will have this op-ed in Friday’s edition of The Wall Street Journal.

Posted at 9:02 PM by Howard Bashman



“Instagram is counting on controversial copyright test to save its image(s)”: Alison Frankel’s “On the Case” from Thomson Reuters News & Insight has this post.

Posted at 8:45 PM by Howard Bashman



“Will the Court Tame the Administrative State? This term showed substantial, if still only incremental, progress in taming the administrative state and cabining its scope.” John O. McGinnis has this post at the “Law & Liberty” blog.

Posted at 8:35 PM by Howard Bashman



“Details on F.B.I. Inquiry Into Kavanaugh Draw Fire From Democrats; The F.B.I. said some of the 4,500 tips it received about Justice Brett Kavanaugh were given to the Trump White House, leading some Democrats to call the process a sham”: Kate Kelly of The New York Times has this report.

Posted at 12:03 PM by Howard Bashman



“As 7th Anniversary of Dan Markel’s Murder Passes, His Parents Still Hope To Reunite With Their Grandchildren”: Robbie Gaffney of WFSU has this report.

Posted at 11:56 AM by Howard Bashman



Fourth Circuit panel divides over whether Shady Grove excuses a Federal Tort Claims Act claimant from having to comply with West Virginia’s certificate of merit requirement for a medical negligence claim: You can access yesterday’s ruling of a partially divided three-judge panel of the U.S. Court of Appeals for the Fourth Circuit at this link.

Posted at 10:53 AM by Howard Bashman



“U.S. Won’t Seek Death Penalty in 7 Cases, Signaling a Shift Under Biden; The decision not to seek the death penalty in federal cases around the country has raised defense lawyers’ hopes that the administration may end the practice”: Benjamin Weiser and Hailey Fuchs of The New York Times have this report.

Posted at 9:56 AM by Howard Bashman



“A Rule Against Fun”: At the “Jotwell” blog, Richard Re reviews law professor Nina Varsava‘s forthcoming law review article, titled “Professional Irresponsibility and Judicial Opinions,” in a post that begins:

In recent months, federal judicial opinions have criticized “schlocky Star Wars sequels” or called circuit case law “a hot mess.” They have fondly recalled “[w]hen painter-turned-inventor Samuel Morse sent the first telegraph message” or sarcastically used expressions like “presto!” or “voila.” And they have sustained decades-long criminal sentences by writing: “tl;dr . . . . we affirm the whole kit and caboodle.” In different ways, these opinions are having a bit of fun. And what could be wrong with that?

Posted at 9:50 AM by Howard Bashman