How Appealing



Sunday, August 27, 2023

Cassirer on Remand: Considering the Laws of Other Interested States.” Carlos M. Vázquez has this post at the “Transnational Litigation Blog.”

Posted at 10:02 PM by Howard Bashman



“Purdue Pharma’s Bankruptcy Heads to the Supreme Court; A 40-year-old strategy for dealing with mass torts may end up needing a new look from Congress”: Law professor David Skeel will have this op-ed in Monday’s edition of The Wall Street Journal.

Posted at 9:54 PM by Howard Bashman



“Hilton Hotels heads to high court to protest fail-safe classes”: Alison Frankel’s “On the Case” from Reuters has this post.

Posted at 9:37 PM by Howard Bashman



“The next big abortion battleground: Pennsylvania; Once-sleepy state Supreme Court races hit a new nerve in a post-Roe world.” Holly Otterbein of Politico has this report.

Posted at 9:20 PM by Howard Bashman



“Wisconsin Supreme Court flips liberal, creating a ‘seismic shift’”: Patrick Marley of The Washington Post has this report.

Posted at 9:14 PM by Howard Bashman



Saturday, August 26, 2023

“How a Judge’s Ruling on Torture Imperils a Guantánamo Prosecution Strategy; In dismissing a confession in the bombing of the U.S.S. Cole, Col. Lanny J. Acosta Jr. has shaken a foundation of U.S. government cases at the post-9/11 court”: Carol Rosenberg will have this news analysis in Sunday’s edition of The New York Times.

Posted at 9:18 PM by Howard Bashman



“Two Justices Clash on Congress’s Power Over Supreme Court Ethics; For the second summer in a row, Justices Samuel A. Alito Jr. and Elena Kagan sketched out dueling conceptions of their institution’s place in the constitutional structure”: Adam Liptak has this new installment of his “Sidebar” column online at The New York Times.

Posted at 6:56 PM by Howard Bashman



Friday, August 25, 2023

“9th Circ. Says Firms Can’t Nix Non-MDL Clients from Common Fund”: Aaron West of Law360 has this report (subscription required for access) on a ruling that the U.S. Court of Appeals for the Ninth Circuit issued yesterday in a case in which I represent the objectors to the common fund fee and costs assessments on non-MDL parties.

The Ninth Circuit’s ruling seems to further aggravate an existing circuit split, so perhaps the next step will be for my clients to seek U.S. Supreme Court review.

Update: In other coverage, Amanda Bronstad of The Recorder reports that “After Punting in Roundup MDL, 9th Circuit Upholds Common Benefit Assessments; The U.S. Court of Appeals for the Ninth Circuit, on Thursday, upheld common benefit fee assessments against settlements reached outside the Bard IVC filter multidistrict litigation by plaintiffs’ attorney Ben Martin.”

Posted at 4:14 PM by Howard Bashman



“Single or Double Spaced? Why Judicial Opinion Formatting Matters; Law professor Joe Fore makes the aesthetic and practical case for greater uniformity in circuit court opinion formats.” Avalon Zoppo of The National Law Journal has this report.

Posted at 2:52 PM by Howard Bashman



“Orrin Hatch Becomes Judiciary Committee Chairman; And I realize it’s time to move on”: Ed Whelan has this post at his “Confirmation Tales” Substack site.

Posted at 2:50 PM by Howard Bashman



“Supreme Court ethics debate divides justices, court watchers, former clerks”: Alex Swoyer of The Washington Times has this report.

Posted at 2:48 PM by Howard Bashman



Wednesday, August 23, 2023

“SC Supreme Court rules state’s contested 6-week abortion ban is constitutional, can go into effect”: Joseph Bustos of The State of Columbia, South Carolina has this report.

Seanna Adcox of The Post and Courier of Charleston, South Carolina reports that “6-week abortion ban takes effect with ruling from SC’s all-male Supreme Court.”

And Kate Zernike of The New York Times reports that “South Carolina Supreme Court Upholds Abortion Law, Reversing Earlier Decision; The ruling, by a newly all-male bench, allows the state’s new six-week abortion ban to take effect.”

You can access today’s 4-to-1 ruling of the Supreme Court of South Carolina at this link.

Posted at 1:32 PM by Howard Bashman



“Gun case ruling irrelevant to Pennsylvania anti-harassment ethics rule, lawyer says”: David Thomas of Reuters has this report.

Posted at 1:24 PM by Howard Bashman



“Carolina Law’s Supreme Court Program Receives Rare Granting of a Petition for Writ of Certiorari”: Jess Clarke of UNC School of Law has this report.

Posted at 1:18 PM by Howard Bashman



“D.C. Attorney General is probing Leonard Leo’s network; The Federalist Society co-chair and ex-Trump judicial adviser has utilized nonprofit groups to collect more than $1 billion for conservative causes”: Heidi Przybyla of Politico has this report.

Posted at 1:06 PM by Howard Bashman



Tuesday, August 22, 2023

“Indiana Supreme Court won’t rehear near-total abortion ban ruling, putting law back in effect; The high court’s decision was certified Monday, making the new restrictions enforceable again”: Casey Smith of Indiana Capital Chronicle has this report.

Posted at 10:16 PM by Howard Bashman



“Jennifer Gruda talks about going from Jaffrey to the Supreme Court”: Ashley Saari of The Monadnock (N.H.) Ledger-Transcript has an article that begins, “Former Jaffrey resident Jennifer Gruda was the final speaker at the Amos Fortune Forum series on Friday, giving insights on her trajectory from growing up in a small town to her current position, serving as senior judicial assistant to U.S. Supreme Court Justice Ketanji Brown Jackson.”

And on YouTube, Amos Fortune Forum has posted a video titled “Jennifer A. Gruda ‘A View From Behind The Bench’ at The Amos Fortune Forum in Jaffrey, NH.”

Posted at 10:04 PM by Howard Bashman



“Trump Says He Has Immunity. Will the Supreme Court Beg to Differ? There are only a few legal precedents, and they leave some wiggle room.” Law professor Kimberly Wehle has this essay online at Politico Magazine.

Posted at 9:24 PM by Howard Bashman



“Emotional support dog banned from N.J. condo fetches Supreme Court review”: S.P. Sullivan of The Newark Star-Ledger has this report.

Posted at 9:15 PM by Howard Bashman



“Alabama Trans Health Care Ruling is a Worrying Omen for a Future SCOTUS Decision; The 11th U.S. Circuit Court of Appeals pulled from Dobbs v. Jackson to argue trans health care isn’t ‘deeply rooted’ in history”: Natasha Lennard has this essay online at The Intercept.

Posted at 9:10 PM by Howard Bashman



“Should the Philadelphia D.A.’s Office Have Been Sanctioned for Failing to Protect Crime Victims’ Rights? My amicus brief to the Third Circuit argues that the district court appropriately sanctioned the Philadelphia D.A.’s Office for making misleading representations about whether they had conferred with a crime victims’ family.” Paul Cassell has this post at “The Volokh Conspiracy” about an amicus brief he filed yesterday in the U.S. Court of Appeals for the Third Circuit.

Posted at 8:47 PM by Howard Bashman



“Israel’s High Court Rejects Government Request to Delay Hearing on Key Judicial Overhaul Bill; The ruling indicated that the hearing, which is set to begin on September 12, cannot be postponed due to time constraints and the expanded panel of judges designated for the hearing”: Yael Freidson of Haaretz has this report.

Posted at 8:35 PM by Howard Bashman



“Conservative activist sues 2 major law firms over diversity fellowships; The American Alliance for Equal Rights, which led the campaign against affirmative action in college admissions, filed lawsuits against Perkins Coie and Morrison & Foerster”: Julian Mark and Taylor Telford of The Washington Post have this report.

Douglas Belkin and Erin Mulvaney of The Wall Street Journal report that “Activist Behind Supreme Court Affirmative Action Cases Is Now Suing Law Firms; Ed Blum’s organization accuses firms offering fellowships for diverse candidates of racial discrimination against straight, white men.”

Nate Raymond of Reuters reports that “Activist behind US affirmative action cases sues major law firms.”

And Tatyana Monnay of Bloomberg Law reports that “Perkins Coie, Morrison Foerster Sued Over DEI Programs.”

Posted at 8:27 PM by Howard Bashman



“Ticketed for being homeless? Supreme Court asked to weigh if punishment is ‘cruel and unusual.’” John Fritze of USA Today has this report.

Posted at 8:09 PM by Howard Bashman



“Appeals court upholds Alabama’s felony ban on minors’ gender-affirming care; Three Trump appointees reversed an injunction blocking the law, allowing the ban to go into effect; Florida and Georgia rulings now in jeopardy”: Chris Geidner has this post at his Substack site.

Posted at 1:44 PM by Howard Bashman



“US judges’ educational trips resemble ‘paid luxury vacations,’ group says”: Nate Raymond of Reuters has this report.

Posted at 1:34 PM by Howard Bashman