“Suit by Kate Steinle’s parents to hold government responsible for stolen gun is turned down”: Bob Egelko of The San Francisco Chronicle has this report.
And Metropolitan News-Enterprise reports that “No Liability Based on Not Locking Up Gun That Was Stolen; Weapon Was Fired by Third Party Who Found It, Resulting in Death; Opinion Says Proximate Cause Lacking.”
You can access yesterday’s ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Ninth Circuit rejects Contracts Clause challenge to Los Angeles’s eviction moratorium: Circuit Judge Daniel A. Bress wrote today’s ruling on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Ninth Circuit.
In early news coverage, Holly Barker of Bloomberg Law reports that “L.A. County Landlords Lose Appeal Over City Eviction Moratorium.”
“The Ninth Circuit will co-sponsor a free virtual program on September 2, 2021 featuring Judge Margaret McKeown, who will discuss effective brief writing and oral argument.” You can access more details and register to “attend” via this link.
“Chief Justice Roberts’s Long, Longer, and Longest Games; From Trump to Biden, from Citizens United to Dobbs, from Roe to Casey”: Josh Blackman has this post at “The Volokh Conspiracy.”
“Inmate Injured Working in Laundry May Sue Prison Employees”: Bernie Pazanowski of Bloomberg Law has this report on a ruling that a partially divided three-judge panel of the U.S. Court of Appeals for the Sixth Circuit issued yesterday.
“Appeals court affirms Dylann Roof’s death sentence in Charleston church slayings”: Ann E. Marimow of The Washington Post has this report.
John Monk of The State of Columbia, South Carolina reports that “Charleston killer Dylann Roof’s death penalty upheld by federal appeals court.”
And Harper Neidig of The Hill reports that “Appeals court upholds death sentence in Charleston church shooting.”
You can access today’s 149-page per curiam ruling of the U.S. Court of Appeals for the Fourth Circuit, decided by a three-judge panel sitting by designation from three other circuits, at this link.
Access online the contents of the 2021 Summer Edition of Appellate Issues, a publication of the ABA’s the Council of Appellate Lawyers: Via this link.
“Using Comments by Suspect Who Limited Right to Stay Silent Valid”: Bernie Pazanowski of Bloomberg Law has this report (subscription required for full access) on a ruling that a divided three-judge panel of the U.S. Court of Appeals for the Third Circuit issued yesterday.
“The question that confronts us on appeal is whether a party appealing from the decision of a territorial court must establish Article III standing when invoking our jurisdiction, even though Article III standing is not required before the territorial courts.” In a decision issued Monday, a unanimous three-judge panel of the U.S. Court of Appeals for the Third Circuit answered that question in the affirmative.
Second Circuit rules that federal inmate’s failure to comply with Connecticut’s certificate of merit requirement in dental malpractice suit under Federal Tort Claims Act does not require dismissal: You can access today’s ruling of the U.S. Court of Appeals for the Second Circuit at this link.
“Indiana Seeks Seventh Circuit’s OK to Enforce Abortion Laws”: Mary Anne Pazanowski of Bloomberg Law has this report (subscription required for full access).
Earlier, Olivia Covington of The Indiana Lawyer had a post titled “Federal judge denies state’s stay pending appeal of expansive abortion ruling.”
“Lawyer challenging NYU Law Review diversity criteria faces 2nd Circuit grilling”: Reuters Legal had this report back in March 2021.
Today, a unanimous three-judge panel of the U.S. Court of Appeals for the Second Circuit issued this decision affirming the district court’s dismissal of the suit for lack of standing.
“Teacher Fired Over School Pronoun Policy Can Sue in State Court”: Maeve Allsup of Bloomberg Law has this report (subscription required for full access) on a ruling that the U.S. Court of Appeals for the Fourth Circuit issued last Friday.
“The Missing Voices on the Supreme Court Commission”: Tristin Brown and Molly Coleman have this essay online at Bloomberg Law.
“Supreme Court Allows Revival of Trump-Era ‘Remain in Mexico’ Asylum Policy; The court’s unsigned order refused to stay a ruling from a federal judge in Texas forbidding the Biden administration from ending the policy”: Adam Liptak of The New York Times has this report on an order that the U.S. Supreme Court issued tonight.
“DOJ forgoes appeal of order blocking money for minority farmers; The Agriculture Department said the Biden administration would keep defending the debt relief program at the trial court level as litigation moves forward”: Josh Gerstein and Ximena Bustillo of Politico have an article that begins, “Justice Department lawyers did something highly unusual this week: They passed up the chance to appeal a judge’s order blocking a congressionally created program supported by President Joe Biden from going into effect.”
“Judge Declares Mistrial in Michael Avenatti’s Wire Fraud Case Over Missing Financial Data”: Meghann M. Cuniff of The Recorder has this report.
Michael Finnegan of The Los Angeles Times reports that “Judge declares mistrial in Michael Avenatti embezzlement case.”
Neil Vigdor of The New York Times reports that “Michael Avenatti Is Granted a Mistrial in Federal Fraud Case; A U.S. District Court judge found that federal prosecutors had withheld financial data from Mr. Avenatti, the former lawyer for the pornographic film actress Stormy Daniels; He faces a retrial.”
Deanna Paul of The Wall Street Journal reports that “Michael Avenatti Embezzlement Case Ends in Mistrial; Avenatti became nationally known for representing former adult-film actress Stormy Daniels in litigation against Donald Trump.”
And Sara Sidner, Erica Orden, and Cheri Mossburg of CNN report that “Mistrial declared in Michael Avenatti embezzlement case.”
“A Doctrine of Unlimited Power: The defense of Biden’s eviction ban should have the Justices on red alert.” The Wall Street Journal has published this editorial.
“How to Recover Conservative Judging: Conservatives need a holistic conservative jurisprudence that draws from traditionalism, economics, constitutionalism, and natural law.” Holden T. Tanner has this post at the “Law & Liberty” blog.
“A Supreme Court That Has Gone Wrong”: Online at The New York Times, Melvin I. Urofsky has this review of law professor Erwin Chemerinsky‘s new book, “Presumed Guilty: How the Supreme Court Empowered the Police and Subverted Civil Rights.”
“PA Supreme Court lets stand Judge Trucilla’s order against Judge Domotrovich in ethics dispute; Trucilla’s 2019 order told Domitrovich to stop handling matters brought by her lawyer son; State Supreme Court says order unappealable, though justices intend ‘to resolve the controversy internally'”: Ed Palattella of The Erie Times-News has this report on an opinion that the Supreme Court of Pennsylvania issued yesterday.
“Did attorney mistakes send 2 Arizona men to death row? Supreme Court will decide; The U.S. Supreme Court will hear a case next fall involving two inmates who argued mistakes by their trial attorneys landed them on death row.” Patricia Refo has this essay online at The Arizona Republic.
“Why the Supreme Court is one of the biggest threats to American democracy”: Columnist Harry Litman has this op-ed in today’s edition of The Los Angeles Times.
“U.S. Supreme Court to consider if undocumented immigrants get bond hearings”: Bob Egelko of The San Francisco Chronicle has this report.
“A new Supreme Court case could blow up decades of US diplomacy; The Court must decide whether rogue judges have the power to dismantle US foreign policy”: Ian Millhiser has this essay online at Vox.
“The Supreme Court gave Trump leeway on executive actions. Biden wants the same treatment.” Joan Biskupic of CNN has this report.
“Ruling Warhol Infringed Prince Photo Stands, 2nd Cir. Says”: Kyle Jahner of Bloomberg Law has a report (subscription required for full access) that begins, “The Second Circuit declined to alter its ruling that Andy Warhol art based on a photo of the musician Prince as used in a magazine wasn’t fair use after it considered the U.S. Supreme Court’s subsequent decision in Google v. Oracle.”
You can access today’s amended opinion of the U.S. Court of Appeals for the Second Circuit at this link.
“Right-wing group fails to show Colorado Springs mayor violated its constitutional rights: Court.” Michael Karlik of The Gazette of Colorado Springs has this report on a ruling that a divided three-judge panel of the U.S. Court of Appeals for the Tenth Circuit issued today.
“Ninth Circuit sides with Sirius XM in dispute over pre-1972 music royalties; The court found that California’s ‘exclusive ownership’ statute never applied to public performance on radio”: Nate MacKay of Courthouse News Service has this report on a ruling that the U.S. Court of Appeals for the Ninth Circuit issued today.
“How Do Religious Vaccine Exemptions Really Work? And how do you prevent people from abusing them?” Molly Olmstead has this essay online at Slate.
“Biden administration asks Supreme Court to save eviction moratorium”: Robert Barnes of The Washington Post has this report.
“State files more petitions seeking high court reversal of McGirt”: Chris Casteel of The Oklahoman has this report.
“Mask mandates violate religious liberty by hiding faces made in God’s image, Catholic school says”: Marisa Iati of The Washington Post had this article back in July 2021.
This afternoon, the majority on a partially divided three-judge panel of the U.S. Court of Appeals for the Sixth Circuit issued this decision affirming the district court’s denial of the school’s motion for a preliminary injunction.
“Wisconsin prosecutors turn to U.S. Supreme Court in ongoing effort to keep Mark Jensen in prison for wife’s 1998 death”: Bruce Vielmetti of The Milwaukee Journal Sentinel has this report on a petition for writ of certiorari that the State of Wisconsin filed in the U.S. Supreme Court earlier this month.
“Biden Administration Asks Supreme Court to Keep Eviction Ban”: Greg Stohr of Bloomberg News has this report.
You can view today’s filing at this link.