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Archived: 11/03/2009 at 21:31:09
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Tuesday, November 3, 2009 "Holder, Gates oppose restrictions on Gitmo trials": The Associated Press has this report, along with a report headlined "Guantanamo hunger striker losing weight." Posted at 03:48 PM by Howard Bashman "Judge rules artist Daniel Moore needs no University of Alabama license for paintings": Today's edition of The Birmingham News contains an article that begins, "Daniel Moore, the artist beloved by University of Alabama football fans for preserving some of the Crimson Tide's most memorable exploits, won the right to keep painting without having to be licensed by UA. A federal judge today said in a memorandum opinion that Moore's art does not violate any UA trademark." The Tuscaloosa News reports today that "Judge sides with Daniel Moore in lawsuit." The Associated Press reports that "Football artist Daniel Moore wins court decision over University of Alabama." And yesterday's edition of The Crimson White, the student newspaper of the University of Alabama, contained a related article headlined "Trademark funds total estimated $3.5 million; Funds pay for scholarships." I have posted online at this link yesterday's ruling of the U.S. District Court for the Northern District of Alabama. "Guantanamo detainees begin life in Palau": The Associated Press has this report from Koror, Palau. Posted at 10:18 AM by Howard Bashman "Law Professor sues 'Above the Law' blog; time to go back to complaint-drafting school": Ben Sheffner has this post, providing access to the complaint initiating suit, at his "Copyrights & Campaigns" blog. Posted at 10:15 AM by Howard Bashman "Nation's high court rejects Seale appeal": Today's edition of The Clarion-Ledger of Jackson, Mississippi contains an article that begins, "Reputed Klansman James Ford Seale lost one appeal argument Monday before the U.S. Supreme Court in his quest to overturn his 2007 federal kidnapping convictions in the deaths of two black teens more than 45 years ago. But the attorney for the former Roxie cropduster says it won't be the last." The New York Times reports today that "Court Declines Case of Klansmen in '64 Slayings." Warren Richey of The Christian Science Monitor reports that "Supreme Court declines to hear civil-rights era KKK case; The Supreme Court refuses to hear a case on whether the federal statute of limitations applies to a 1964 Ku Klux Klan kidnap-murder; That leaves the issue unresolved for future civil-rights era cases." Bill Mears of CNN.com reports that "Justices reject appeal in 1964 kidnapping case related to civil rights." And at "The BLT: The Blog of Legal Times," Tony Mauro has a post titled "Supreme Court Rejects 5th Circuit Plea in Kidnap Case." "New damages trial for Wyeth in Ark. hormones case": The Associated Press has this report. And at the "Am Law Litigation Daily" blog, Alison Frankel has a post titled "Wyeth to Face New Trial on Punitive Damages in Hormone Replacement Case." My earlier coverage of yesterday's Eighth Circuit ruling appears at this link. Philadelphia Phillies 8, New York Yankees 6: For the second year in a row, my son and I had the pleasure of attending game five of the World Series at Citizens Bank Park in Philadelphia. And once again, the Phillies won! Unlike last year, where the game five victory came after an interruption of several days and resulted in a world championship, this year the victory assured a return to Yankee Stadium for game six and game seven (if necessary). You can access the box score of Monday night's game at this link, while wraps are available here and here. Monday, November 2, 2009 "Court of Appeals Mourns Loss of Senior Circuit Judge Melvin T. Brunetti": The Public Information Office of the U.S. Court of Appeals for the Ninth Circuit has issued this news release today. Posted at 03:37 PM by Howard Bashman "Maher Arar's U.S. lawsuit rejected; Victims of extraordinary rendition have no recourse to sue Washington for torture suffered overseas, appellate court rules": The Toronto Globe and Mail contains this news update. Reuters reports that "Canadian sent to Syria can't sue U.S. over torture." And Bloomberg News reports that "U.S. Appeals Court Upholds Rendition Suit Dismissal." My earlier coverage of today's en banc Second Circuit ruling appears at this link. "Mutual Fund Fee Dispute Divides U.S. Supreme Court": Greg Stohr of Bloomberg News has a report that begins, "U.S. Supreme Court justices signaled they are split over the role judges should play in reviewing the compensation of mutual fund advisers in a case that might force reductions in the $90 billion in annual fees advisers collect." James Vicini of Reuters reports that "U.S. top court considers mutual fund fees." And Jesse J. Holland of The Associated Press reports that "Justices seem unwilling to get involved in fees." You can access at this link the transcript of today's U.S. Supreme Court oral argument in Jones v. Harris Associates L.P., No. 08-586. "Time Gets Away From Supreme Court": Tony Mauro has this post today at "The BLT: The Blog of Legal Times." Posted at 03:00 PM by Howard Bashman "Full Appeals Court Rejects Suit in Rendition Case": At the "City Room" blog of The New York Times, Benjamin Weiser has a post that begins, "A federal appeals court in New York ruled on Monday that Maher Arar, a Canadian man who claimed that American officials sent him to Syria in 2002 to be tortured, cannot sue for damages because Congress has not authorized such suits." And The Associated Press has a report headlined "Appeals court: Detained Canadian cannot sue in US." You can access today's 181-page ruling of the en banc U.S. Court of Appeals for the Second Circuit at this link. The en banc ruling was by a 7-4 margin. Each of the four dissenting judges issued a separate opinion in which the other three dissenting judges joined. Unanimous three-judge Eighth Circuit panel affirms jury's $2.7 million compensatory damages award in favor of woman who proved hormone replacement therapy drugs caused her breast cancer and orders new trial limited to punitive damages against defendant Wyeth: You can access today's ruling of the U.S. Court of Appeals for the Eighth Circuit at this link. Update: Bloomberg News reports that "Pfizer Doesn't Have to Pay $27 Million Prempro Award." "With Obama Proceeding Reasonably To Fill Federal Judgeships, the Bottleneck Is the Senate": Law professor Carl Tobias has this essay online at FindLaw. Posted at 10:32 AM by Howard Bashman "Judge snubbed U.S. Islamic groups in secret ruling": Josh Gerstein has this post at his "Under the Radar" blog at Politico.com. Posted at 10:28 AM by Howard Bashman Access online today's Order List of the U.S. Supreme Court: The Court has posted today's Order List online at this link. The Court granted review in three cases and requested the views of the Solicitor General in four cases. Justice John Paul Stevens issued a statement respecting the dismissal of the certified question from the U.S. Court of Appeals for the Fifth Circuit in United States v. James Ford Seale. Justice Stevens' statement, in which Justice Antonin Scalia has joined, is essentially a dissent from the Court's refusal to answer the certified question. Justice Stevens' statement concludes: The certification process has all but disappeared in recent decades. The Court has accepted only a handful of certified cases since the 1940s and none since 1981; it is a newsworthy event these days when a lower court even tries for certification. Section 1254(2) and this Court's Rule 19 remain part of our law because the certification process serves a valuable, if limited, function. We ought to avail ourselves of it in an appropriate case. In my judgment, this case should be briefed and set for argument.My earlier coverage of the Fifth Circuit's certification order can be accessed here. At "SCOTUSblog," Lyle Denniston has a post titled "Court grants 3 cases, turns aside detainee plea." And in early news coverage, The Associated Press reports that "Court to decide if two-person Labor Board legal"; "High court won't review civil rights-era case"; and "Court won't stop release of church documents." "Health insurance mandate alarms some; Critics say it may be unconstitutional to charge a penalty for not buying a product; Supporters compare the mandate to car insurance requirements": David G. Savage had this article yesterday in The Los Angeles Times. Posted at 07:38 AM by Howard Bashman "Supreme Court race: Nasty campaign belittles quality candidates." This editorial appears today in The Patriot-News of Harrisburg, Pennsylvania. Posted at 07:35 AM by Howard Bashman "Bogle Takes on Mutual Fund Industry as Top Court Considers Fees": Greg Stohr of Bloomberg News reports that "Bogle Takes on Mutual Fund Industry as Top Court Considers Fees." Financial Times reports today that "Top US court to rule on mutual fund fees." MarketWatch reports that "Supreme Court case spotlights fund fees; Investors could see greater disclosure, better explanation of ownership costs." The New York Times contains an editorial entitled "The Court and Your Savings." And in The Wall Street Journal, Paul S. Atkins has an op-ed entitled "Tort Lawyers Target Mutual Funds." Sunday, November 1, 2009 "Judicial nominations pile up, and parties blame each other": Rob Hotakainen of McClatchy Newspapers has this report. Posted at 07:48 PM by Howard Bashman "Woman left broke by divorce payout takes fight to Supreme Court": Monday's edition of The Times of London contains an article that begins, "A British woman left almost penniless by divorce goes to the Supreme Court this week in a case that will test London's reputation as the divorce capital of the world." Posted at 07:38 PM by Howard Bashman "Nine years and Hispanic farmers still waiting for discrimination suit ruling": This article appeared yesterday in The Fresno Bee. Posted at 07:32 PM by Howard Bashman "More districts use income, not race, as basis for busing": Monday's edition of USA Today will contain an article that begins, "Struggling to improve schools that have large populations of poor and minority students and under legal pressure to avoid racial busing, a small but growing group of school districts are integrating schools by income." Posted at 07:30 PM by Howard Bashman "California killer's case back before Supreme Court; Fernando Belmontes was sentenced to death in 1982 for murdering a 19-year-old woman; The San Francisco-based 9th Circuit Court of Appeals has overturned his sentence three times": David G. Savage will have this article in Monday's edition of The Los Angeles Times. Posted at 07:28 PM by Howard Bashman Papers of note available online from SSRN: Law professor Suja A. Thomas has an essay entitled "The New Summary Judgment Motion: The Motion to Dismiss Under Iqbal and Twombly" (via "Legal Theory Blog"). And law professor Penelope Pether has an article entitled "Constitutional Solipsism: Toward a Thick Doctrine of Article III Duty; or Why the Federal Circuits' Nonprecedential Status Rules are (Profoundly) Unconstitutional" (via "Legal Theory Blog"). "Father wins a family by fighting his firing": Today's edition of The News & Observer of Raleigh, North Carolina contains an article that begins, "Jim Dotson spent the past six years seeking the truth, not only from his employer who he charged wrongly fired him, but for himself and his family. In October, the U.S. Supreme Court declined to hear his former employer's appeal, handing Dotson a victory even as it cost him his career, his home and most of his life savings. Once a fast-rising division salesman for Pfizer, a pharmaceutical company based in New York, Dotson was fired in 2003. The firing came just days after he and his wife, Ann, returned to Raleigh from Russia with a 13-month-old adopted baby girl with chronic upper respiratory infections." Posted at 04:15 PM by Howard Bashman "Bringing justice to them all: Thousands of cases are overturned, thanks to a family that refused to give up." This article about the juvenile court scandal in northeastern Pennsylvania appears today in The Times Leader of Wilkes-Barre, Pennsylvania. Posted at 04:11 PM by Howard Bashman "Court hears appeal on Mass. wine shipment law": The Associated Press has this report on a case to be argued tomorrow before the U.S. Court of Appeals for the First Circuit. Posted at 04:10 PM by Howard Bashman "U.S. Supreme Court: Knots could tighten around abortion." Michael Kirkland of United Press International has this report. Posted at 03:57 PM by Howard Bashman "Attacks drown out issues in state Supreme Court race": This article appears today in The Patriot-News of Harrisburg, Pennsylvania. And The Associated Press reports that "Pa. high court race yields cash, but not clarity." "'Thug' senator Alan Simpson condemns teen convicts' life sentence": The Times of London contains this article today. Posted at 03:40 PM by Howard Bashman "Privacy Looms Over Gay Rights Vote": This article appears today in The New York Times. Posted at 03:35 PM by Howard Bashman "Obama administration: Toss wiretap lawsuit." The Associated Press has a report that begins, "Attorney General Eric Holder says a lawsuit in San Francisco over warrantless wiretapping threatens to expose ongoing intelligence work and must be thrown out." Posted at 03:33 PM by Howard Bashman Saturday, October 31, 2009 "Luzerne DA to reopen some 'cash-for-kids' cases": This article appears today in The Philadelphia Inquirer. Today's edition of The Wilkes-Barre Times Leader contains an article headlined "How juvie scandal was uncovered: Juvenile Law Center attorneys spoke to parents, juveniles as they left courtroom." And The Reading Eagle reports that "Judge from Berks involved in review of Luzerne juvenile cases hopes for restoration of public trust in courts there." "Deal in Senate on Protecting News Sources": Charlie Savage has this article today in The New York Times. According to the article, "Protection under the so-called shield law would also be extended to unpaid bloggers engaged in gathering and disseminating news." And The Washington Post reports today that "White House, senators agree on media shield law." Friday, October 30, 2009 Third Circuit decides appeal challenging the constitutionality of Pittsburgh ordinance regulating protests and confrontations at health care facilities providing abortions: You can access today's lengthy ruling of the U.S. Court of Appeals for the Third Circuit at this link. Posted at 11:28 PM by Howard Bashman "Congress Set to Take Aim at Judicial Recusals; House Judiciary Committee's interest marks the first time Congress has flirted with recusal guidelines since a 2004 scrap between congressional Democrats and Justice Scalia": law.com has this report. Posted at 11:22 PM by Howard Bashman "Both sides claim victory with al-Marri sentencing; Terror agent's brother reacts with disappointment": This article appears today in The Peoria Journal Star, along with an article headlined "Al-Marri 'very happy' with 8-year sentence; Sleeper agent could get out of prison in about five years." And in today's edition of The New York Times, John Schwartz reports that "Admitted Qaeda Agent Receives Prison Sentence." "Racy pics stir penalty, ACLU": This past Wednesday's edition of The Journal Gazette of Fort Wayne, Indiana contained an article that begins, "The American Civil Liberties Union has sued Smith-Green Community School Corp. and a principal in federal court on behalf of two girls punished for summer postings on MySpace." And The Associated Press reports that "School sued for punishing teens over MySpace pix." "US Supreme Court case to test funds' fee structure": Ross Kerber and James Vicini of Reuters have this report. Posted at 11:14 PM by Howard Bashman "US: Mass. can't force gay marriage benefits." The Associated Press has a report that begins, "States that allow gay marriage can't force the federal government to provide benefits to those couples, the Obama administration argued Friday in court papers in a lawsuit by Massachusetts." Posted at 05:20 PM by Howard Bashman "Senate, White House agree on reporter protections": The Associated Press has a report that begins, "Senate supporters of a bill protecting a reporter's right to protect confidential sources in federal court said Friday they've reached a compromise with the Obama administration and media groups that gives the government authority to override those rights in certain national security cases." Posted at 12:24 PM by Howard Bashman Second Circuit, over the dissent of four judges, denies rehearing en banc in case involving a doctor's application for discharge from the Army as a conscientious objector: You can access today's order of the U.S. Court of Appeals for the Second Circuit denying rehearing en banc, together with opinions concurring in and dissenting from that order, at this link. The original three-judge panel's ruling, which I noted in this post on the day it issued, can be accessed here. For those interested in the "in banc" versus "en banc" controversy in which the Second Circuit sometimes finds itself embroiled, it is interesting to note that the judges' opinions correctly refer to rehearing "en banc," while the Clerk of Court's order officially denying full-court review still uses the now-abandoned "in banc." "Fees Case Strikes at Heart of Mutual Funds; Supreme Court to Weigh How Much Money-Management Firms Can Charge; Defining Fiduciary Duty": Jess Bravin and Jane J. Kim have this article today in The Wall Street Journal. And today's edition of USA Today reports that "Fees land mutual funds in top court; Justices to consider whether industry is fair to individuals." "Top court race drips with mud": This article appears today in The Pittsburgh Tribune-Review. In addition, columnist Salena Zito has an op-ed entitled "Judging gender's impact." And today's edition of The Times Leader of Wilkes-Barre, Pennsylvania contains an article headlined "GOP sees Panella linked to scandal; Democrats brush off the claim as a candidate's last-minute political posturing." "Monsanto asks Supreme Court to review alfalfa ban": Today's edition of The St. Louis Post-Dispatch contains an article that begins, "Monsanto Co. asked the U.S. Supreme Court to review a lower court's decision to ban the planting of genetically modified alfalfa until an environmental review is complete." Posted at 07:40 AM by Howard Bashman "Kansas Supreme Court hears arguments about caps on damages awarded to patient; Case against Lawrence physician attracting great deal of attention": This article appears today in The Lawrence Journal-World. Posted at 07:38 AM by Howard Bashman "Judge robbed twice in 3 days; 2 men arrested in home invasions": Today's edition of The Columbus Dispatch contains an article that begins, "Former Ohio Supreme Court Justice Craig Wright was the victim of two separate home-invasion robberies in Whitehall last week, police said." Posted at 07:35 AM by Howard Bashman "11th Circuit Obscenity Case Tests Community Standards on the Internet; Prosecutors have described the films at issue in the case as 'sadistic, masochistic and violent'": Alyson M. Palmer has this article today in the Fulton County Daily Report. And online at Reason, Greg Beato has an essay entitled "In Defense of Extreme Pornography: Why Janet Romano and Rob Zicari have no business being in federal prison." Thursday, October 29, 2009 "Local attorneys to face off at Supreme Court": Today's edition of The Standard Speaker of Hazleton, Pennsylvania contains an article that begins, "Attorneys Gino Andreuzzi of Drums and William Schwab of Lehighton both started practicing law in 1976. Since then, they have contested several bankruptcy cases against one another. Now they're going to the U.S. Supreme Court together because a catering business of a Ukrainian immigrant failed." According to the article, the case is scheduled to be argued before the U.S. Supreme Court on Tuesday of next week. "Pa. high court dismisses juvenile convictions": The Associated Press has a report that begins, "The Pennsylvania Supreme Court has dismissed thousands of juvenile convictions issued by a judge charged in a corruption scandal." You can access today's order of the Supreme Court of Pennsylvania at this link. In related coverage, The Times Leader of Wilkes-Barre, Pennsylvania today contains an article headlined "Judge flap: Who is liable? Parties at a hearing Wednesday seek immunity from lawsuits filed on behalf of juveniles." And The Citizens Voice of Wilkes-Barre today contains an article headlined "Lawyers in civil lawsuit pull no punches." Fourth Circuit orders additional trial court proceedings to determine whether Barbara Bush may be involuntarily medicated to stand trial on charges of threatening federal judges: Of course, the case doesn't involve that Barbara Bush. You can access today's ruling of the U.S. Court of Appeals for the Fourth Circuit at this link. Posted at 03:05 PM by Howard Bashman "7th Circuit: Group can't display pamphlets at Ill. state park." David L. Hudson Jr. has this news analysis online at the First Amendment Center. My earlier coverage of the Seventh Circuit ruling appears at this link. "Ariz. court rules records law covers 'metadata'": The Associated Press has a report that begins, "Hidden data embedded in electronic public records must be disclosed under Arizona's public records law, the state Supreme Court ruled Thursday in a case that attracted interest from media and government organizations." You can access today's ruling of the Supreme Court of Arizona at this link. "Attorney General's Office blasts Kevin Cooper's innocence claims in petition response": Today's edition of The Contra Costa Times contains an article that begins, "The state Attorney General's Office responded this week to Death Row inmate Kevin Cooper's petition to the U.S. Supreme Court, and urged the court to deny Cooper's September request for intervention in his decades-old case." The newspaper has posted the brief in opposition online at this link. Posted at 01:57 PM by Howard Bashman "State justices hear arguments on parental waivers; In rare 'road trip,' state Supreme Court hears case on whether liability can be signed away": This article appears today in The Detroit News. Posted at 12:27 PM by Howard Bashman "Supreme Court's future in hands of next governor": Mary Fuchs has this article today in The Newark (N.J.) Star-Ledger. Posted at 12:25 PM by Howard Bashman "Court of Appeals, Supreme Court moving to Post building": The Denver Post today contains an article that begins, "The Colorado Judicial Branch will relocate the state's two highest courts to The Denver Post Building next year." Posted at 12:22 PM by Howard Bashman "4th Circuit Nominee Gets Committee Backing": David Ingram has this post today at "The BLT: The Blog of Legal Times." Posted at 11:57 AM by Howard Bashman "Gregory Katsas to rejoin Jones Day": The Jones Day law firm issued this press release today. Update: At "The BLT: The Blog of Legal Times," Jeff Jeffrey has a post titled "Top DOJ Official Rejoins Jones Day." "U.S. Supreme Court Considers Life Sentences For Juveniles": Lawrence Hurley has this article today in The Daily Journal of California. And today in The Washington Post, Robert Barnes reports that "Justices will scrutinize life sentences for youths; Cases of two Florida juveniles raise questions about penalty for non-homicide crimes." "State high court says campaign donations can't force recusals": Today's edition of The Milwaukee Journal Sentinel contains an article that begins, "A deeply divided state Supreme Court adopted a rule Wednesday that says endorsements, campaign contributions and independently run ads in themselves are not enough to force a judge off of a case." And The Associated Press has a report headlined "Wis. high court: Donations don't require recusals." The Supreme Court of Wisconsin has made some background information available online via this link. "Bat maker found liable for player's death": Today's edition of The Helena Independent Record contains an article that begins, "After 12 hours of deliberation, a jury sided with the parents of former Miles City American Legion baseball pitcher Brandon Patch in a civil suit over the player's death during a 2003 game in Helena." Posted at 10:28 AM by Howard Bashman "Welcome to the Big Bash": Okay, it's not exactly "Bashman news from Australia," but it is what the cover of the November 2, 2009 issue of Sports Illustrated happens to say. The articles mentioned on the cover can be accessed here and here. Posted at 10:00 AM by Howard Bashman "Pa. Supreme Court race draws complaints": This article appears today in The Pittsburgh Tribune-Review. And today's edition of The Citizens Voice of Wilkes-Barre, Pennsylvania contains an article headlined "State GOP: Scandal taints candidate." "Appeals court backs state washing machine rules": Today in The San Francisco Chronicle, Bob Egelko has an article that begins, "A federal appeals court revived California's effort Wednesday to increase water efficiency in home washing machines, a plan that state regulators say would ease the water shortage and save households money." You can access yesterday's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link. "A New California Law Places Paparazzi Under the Spotlight": Dionne Searcey has this article today in The Wall Street Journal. Posted at 08:17 AM by Howard Bashman "Loosening of F.B.I. Rules Stirs Privacy Concerns": Charlie Savage has this article today in The New York Times. Posted at 08:15 AM by Howard Bashman "No sex needed to get her Series tickets": Today's edition of The Philadelphia Daily News contains an article that begins, "Susan Finkelstein, the 43-year-old Southwest Philadelphia woman allegedly willing to trade sex for Phillies tickets, is getting her tickets without sex. On Friday, Finkelstein, the assistant PR director of Penn's Wistar Institute, will receive two tickets for Saturday's Phillies-Yankees game, the first one to be played in Philadelphia and the third in the World Series." And today's edition of The New York Daily News contains an article headlined "Was just flirtin', says Phillies fan Susan Finkelstein in sex-for-tickets bust." "Mother challenges Texas law allowing parents to show children pornography": This article appears today in The Dallas Morning News. Posted at 07:58 AM by Howard Bashman Wednesday, October 28, 2009 "Lawyer Reposa loses bid to overturn contempt finding": Chuck Lindell of The Austin American-Statesman has this post today at that newspaper's "Austin Legal" blog. And the "Tex Parte Blog" of Texas Lawyer today has a post titled "Austin solo Adam Reposa, who made obscene gesture before judge, loses fight at CCA." You can access today's unpublished ruling of the Texas Court of Criminal Appeals, that State's highest court in criminal matters, at this link. "Court of Appeal: Vulgar Language in Text Messages Was Not Obscene." Today's edition of Metropolitan News-Enterprise contains an article that begins, "The Third District Court of Appeal yesterday reversed the delinquency adjudication on a juvenile for making threatening or obscene telephone communication to his ex-girlfriend in a series of text messages which included a multitude of expletives derived from sexually-related themes. In the published portion of its decision, the panel explained that isolated words cannot be extracted from a private message for purposes of imposing criminal liability based on their abstract offensiveness and that the vulgar language employed by the juvenile, a 16-year old identified as C.C., was not obscene." And at Wired.com's "Threat Level" blog, Kevin Poulsen has a post titled "Appeals Court Says Swearing In Text Messages Isn't a Crime." You can access yesterday's ruling of California's Court of Appeal for the Third Appellate District at this link. "Appeals court reinstates Zicam lawsuit": Howard Fischer of The East Valley Tribune has a news update that begins, "A federal appeals court on Wednesday reinstated a shareholder lawsuit against Scottsdale-based Matrixx Initiatives over what company officials knew about potential dangers from its popular Zicam cold remedy." My earlier coverage of today's Ninth Circuit ruling appears at this link. "Attorneys argue Conahan, Ciavarella liable for actions on bench": The Times Leader of Wikles-Barre, Pennsylvania has a news update that begins, "Attorneys appeared before a federal judge today to argue whether former judges Michael Conahan, Mark Ciavarella and certain other defendants are immune from liability in a lawsuit that alleges juveniles were improperly incarcerated." The Citizens Voice of Wilkes Barre has a news update headlined "Ciavarella in court today for hearing." And The Associated Press reports that "Judges seek immunity in Pa. 'kids for cash' case." "Batmaker found liable for baseball player's death": The Helena Independent Record has this news update. And The Associated Press reports that "Mont. jury awards $850,000 in aluminum bat lawsuit." Unanimous three-judge Ninth Circuit panel issues a decision holding that "a national community standard must be applied in regulating obscene speech on the Internet, including obscenity disseminated via email." You can access today's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link. XBIZ.com -- which describes itself as "the leading adult industry news source" -- reports on the ruling in an item headlined "9th Circuit: Obscenity Should Be Defined by U.S. Community Standards." "US appeals court reverses dismissal of Zicam complaint against Matrixx": Reuters has this short report on a ruling that the U.S. Court of Appeals for the Ninth Circuit issued today. Posted at 04:57 PM by Howard Bashman Things not mentioned earlier today at "How Appealing": 1. Game one of the 2009 World Series is tonight, as the New York Yankees host the Philadelphia Phillies. The Honolulu Advertiser today contains this related article. As noted in this post from May 2009, my son and I had the pleasure of rooting for the Phillies at the new Yankee Stadium earlier this year. 2. Today is my 45th birthday. The Associated Press, The New York Times, and Wikipedia provide information about other even more noteworthy things that have happened on October 28th. "Ceded lands suit to be dismissed": Today's edition of The Honolulu Advertiser contains an article that begins, "The Hawaii Supreme Court yesterday ordered the dismissal of claims by the final plaintiff in the ceded lands case, setting the stage for the end of 15 years of litigation." And The Associated Press reports that "Hawaii Supreme Court ending ceded lands case." You can access yesterday's ruling of the Supreme Court of Hawaii at this link. "Supreme Court election crucial to redistricting, leaders say": This article appears today in The Philadelphia Inquirer. And today in The Philadelphia Daily News, columnist John Baer has an op-ed entitled "Judicial campaigning under the rule of flaw." "Judge Alex Kozinski apologizes for distributing crude jokes; A panel concludes its investigation of the 9th Circuit's chief judge after he says he has stopped e-mailing his 'gag list'; No action is taken against him": Scott Glover has this article today in The Los Angeles Times. Yesterday's ruling of the Judicial Council of the U.S. Court of Appeals for the Third Circuit does not yet appear to be freely available online. If this sounds like deja vu all over again to you, you're right. Update: The Third Circuit Judicial Council's ruling that is the subject of today's article in The Los Angeles Times is dated May 28, 2009 and can be accessed here (via "Patterico"). Tuesday, October 27, 2009 "This case presents the novel issue of whether an individual can have a 'reasonable expectation of privacy' in a storage unit rented with a stolen identity." The quote that forms the title of this post is not the plot of an upcoming episode of "Mad Men." Rather, it's the opening line of an opinion that the U.S. Court of Appeals for the Tenth Circuit issued today. Posted at 10:57 PM by Howard Bashman "Case Spurs Pharmacies' Fears of Lawsuits Over Drug Abuse": Wednesday's edition of The Wall Street Journal will contain this article about a case pending before the Supreme Court of Nevada. You can freely access the full text of the article via Google News. Posted at 10:37 PM by Howard Bashman "US Dem Reps Craft Bill To Prevent Easily Dismissing Lawsuits": Dow Jones Newswires have a report that begins, "Three Democratic lawmakers plan to introduce a bill next week that would override a recent Supreme Court ruling, and make it easier for plaintiffs to get their cases heard in court." Posted at 10:33 PM by Howard Bashman "Small Law Firm Open Thread: Appellate Law." David Lat has this post today at "Above the Law." Posted at 10:24 PM by Howard Bashman "Full judicial panel to decide if torture suit should go to trial; Three judges of the U.S. 9th Circuit Court of Appeals had ruled that the claims by five men that they were tortured could go to trial; The Justice Department sought and was granted a rehearing": Carol J. Williams of The Los Angeles Times has this news update. My earlier coverage of today's Ninth Circuit order granting rehearing en banc appears here and here. This evening's DVD selection: The film "American Violet." You can access reviews here and here. Posted at 10:11 PM by Howard Bashman "U.S. Wins Bid for Court Rehearing in CIA Torture Suit": Bloomberg News has this report. And Howard Mintz of The San Jose Mercury News has an update headlined "Court to reconsider suit against S.J. company linked to torture flights." My earlier coverage of today's Ninth Circuit order granting rehearing en banc appears at this link. "Appeals panel dismisses Fla. Christian frat case": The Associated Press has this report on a ruling that the U.S. Court of Appeals for the Eleventh Circuit issued today. Posted at 03:05 PM by Howard Bashman "Waiter, There's a Gavel in My Soup": Yesterday at the "City Room" blog of The New York Times, Gay Talese had a post that begins, "My writer friend Sidney Offit and I were dining at Lumi's on 70th Street and Lexington Avenue on Saturday night with our mutual friend, the enduringly beautiful 78-year-old model Carmen Dell'Orefice; and seated next to our table, quietly engaged in conversation with his wife, Jane, while sipping red wine, was the chief justice of the United States, John G. Roberts Jr." (Via WSJ.com's "Law Blog"). Posted at 02:55 PM by Howard Bashman "Wis. group: Justices shouldn't have to step aside." The Associated Press has a report that begins, "A powerful business group that spent millions of dollars to help elect two Wisconsin Supreme Court justices is proposing a rule that would allow them to hear its cases." And in somewhat related commentary, The Capital Times of Madison, Wisconsin has posted online an editorial entitled "Gableman's bias is showing." "Judge seals damage award against Wyeth": Today's edition of The Philadelphia Inquirer contains an article that begins, "A Philadelphia jury yesterday awarded punitive damages to an Illinois woman who said Wyeth's Prempro hormone replacement therapy caused her breast cancer, but the world will have to wait at least another month before anyone knows how much." And Bloomberg News reports that "Pfizer Unit's Prempro Punitive Damages Verdict Remains Secret." "Court to reconsider CIA 'torture flight' ruling": Bob Egelko of The San Francisco Chronicle has a news update that begins, "A federal appeals court granted the Obama administration's request today to reconsider a ruling allowing foreign captives to sue a Bay Area company that reportedly helped to plan CIA flights to countries where the prisoners were allegedly tortured." Via the ACLU's web page devoted to the case, you can access the federal government's petition for rehearing en banc and the plaintiffs' opposition thereto. You can access today's order of the U.S. Court of Appeals for the Ninth Circuit granting rehearing en banc at this link. In April 2009, a three-judge Ninth Circuit panel issued this ruling in the case, which revived the rendition lawsuit. Next, in August 2009, the three-judge panel issued this amended ruling. My posts covering the Ninth Circuit's original ruling can be accessed here and here. And my posts covering the original Ninth Circuit oral argument of the case and previews of that oral argument can be accessed here, here, here, here, and here. "For Class Actions, It's All About Location": Today in The Daily Journal of California, Lawrence Hurley has an article that begins, "When the U.S. Supreme Court hears arguments in a major class action case next month, trial lawyers in California will face a severe threat to their ability to file certain claims in plaintiff-friendly state courts." Posted at 12:05 PM by Howard Bashman "DC sniper Muhammad set to die by lethal injection": The Associated Press has this report. Posted at 11:58 AM by Howard Bashman Eleventh Circuit affirms denial of qualified immunity to two police officers who shocked a man, who was neither accused nor suspected of a crime, with a Taser gun at least eight times over a two minute span, ultimately leading to his death: You can access yesterday's ruling of the U.S. Court of Appeals for the Eleventh Circuit at this link. Posted at 07:50 AM by Howard Bashman Monday, October 26, 2009 "Obama Administration Sides With Investors In Merck Securities Case": Brent Kendall of Dow Jones Newswires has this report. Posted at 10:52 PM by Howard Bashman "Courthouse Bible plaintiff now targets Houston council prayer": Mary Flood of The Houston Chronicle has a news update that begins, "The woman who successfully sued to have a Bible removed from a Harris County courthouse display is now suing to stop city council from opening meetings with prayers that she believes are too Christian." Posted at 10:50 PM by Howard Bashman "Cape Girardeau man released after arrest for flag desecration": This article appeared yesterday in The Southeast Missourian. Posted at 10:47 PM by Howard Bashman "Supreme Court Justices debate, draw laughs at Tucson event": The Arizona Daily Star has a news update that begins, "U.S. Supreme Court Justices Antonin Scalia and Stephen Breyer drew laughs from taking a few good-natured jibes at one another, while raising thought-provoking questions about how to interpret the Constitution in an evolving society." In The East Valley Tribune, Howard Fischer has a news update headlined "Scalia: Some on court inventing rights." The Associated Press has a report headlined "Justice Scalia: Rival doctrine seeks rigidity." And the Office of University Communications at the University of Arizona has issued a news release headlined "What Would the Founders Think? During a UA-sponsored event, U.S. Supreme Court Justices Antonin Scalia and Stephen Breyer discussed their personal judicial philosophies in determining how the U.S. Constitution should be interpreted." Via the web site of Arizona Public Media, you can view today's event online by clicking here. "Pa. jury returns verdict in Prempro-cancer case": The Associated Press has a report that begins, "A Philadelphia jury returned a sealed punitive-damages verdict Monday against drugmaker Wyeth Pharmaceuticals after finding a link between a woman's breast cancer and the hormone-replacement drug she took." Posted at 10:12 PM by Howard Bashman Even more Bashman news from Australia: Tuesday's edition of The Warrnambool Standard contains an article headlined "Hit men: Thugs paid $50 each to bash man." You can learn more about Warrnambool at this link. "Pa. Jury Weighs Damages in Prempro-Cancer Case; Jury weighs punitive damages in finding Prempro-breast cancer link; thousands of cases pending": The Associated Press has this report from Philadelphia. Posted at 05:10 PM by Howard Bashman "Judicial Nominations in the Bush and Obama Administrations' First Nine Months": Russell Wheeler of The Brookings Institution has this report. Posted at 03:32 PM by Howard Bashman "Judge Cooke affirmed for dismissing count against Ben Kuehne": David Oscar Markus has this post at his "Southern District of Florida Blog" about a ruling that the U.S. Court of Appeals for the Eleventh Circuit issued today. Posted at 03:25 PM by Howard Bashman "Halloween Costume Comes Back to Haunt Woman in Sexual Harassment Case": The blog "Siouxsie Law" -- self-described as "an offbeat-gothic-legal blog" -- has this timely post about a recent ruling of the Supreme Judicial Court of Massachusetts. Posted at 03:22 PM by Howard Bashman "In Battle Over Gay Marriage, Timing May Be Key": Adam Liptak will have this new installment of his "Sidebar" column in Tuesday's edition of The New York Times. Posted at 03:14 PM by Howard Bashman "The Bench in Purgatory: The new Republican obstructionism on Obama's judicial nominees." Doug Kendall has this jurisprudence essay online at Slate. Posted at 10:35 AM by Howard Bashman Sunday, October 25, 2009 "9/11 Conspirator Seeks Appeal": Yesterday evening's broadcast of C-SPAN's "America & the Courts" featured the audio of last month's Fourth Circuit reargument of Zacarias Moussaoui's appeal. You can view the broadcast online, on-demand by clicking here. Posted at 11:30 PM by Howard Bashman "An Affectionate Portrait of Bill Rehnquist, Regular Guy": Law professor Rod Smolla has this book review today in The Richmond Times-Dispatch. Posted at 11:28 PM by Howard Bashman "Justices Ginsburg, Scalia onstage in Washington National Opera's 'Aridane'": Today at the "Clef Notes" blog of The Baltimore Sun, you can access this post, featuring photos. And The Associated Press reports that "Scalia, Ginsburg play nonspeaking opera roles." "Botched surgery case to test pain, suffering limits": This article appears today in The Lawrence (Kan.) Journal-World. Posted at 11:20 PM by Howard Bashman "Merit selection process for R.I. judges to get a close analysis": Today in The Providence Journal, columnist Ed Fitzpatrick has an op-ed that begins, "In the last few weeks, news about the Rhode Island judiciary has been dominated by accounts of how retired Supreme Court Chief Justice Frank J. Williams is embroiled in a messy divorce case involving his former driver." Posted at 11:20 PM by Howard Bashman "New Texas Supreme Court Justice Eva Guzman ready to face challenges": This interview appears online at the web site of The Dallas Morning News. Posted at 11:05 PM by Howard Bashman "State court deal nears $2 billion": Today's edition of The Sacramento Bee contains an article that begins, "An effort to create a centralized computer system for California's state courts, originally conceived as a modest upgrade in a few counties, now faces total costs approaching $2 billion and is years away from large-scale implementation, an investigation by The Bee has found." Posted at 11:03 PM by Howard Bashman Saturday, October 24, 2009 "Most state judges in the US must retire in 70s": The Associated Press has this report. Posted at 10:58 PM by Howard Bashman "To Build Practice, Ex-Bush SG Embraces Liberal Clients": law.com's Tony Mauro has this report. Posted at 10:34 PM by Howard Bashman "2 Supreme Court justices taking stage in DC opera": The Associated Press has this report. Posted at 10:30 PM by Howard Bashman  
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