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Thursday, December 3, 2009 Second Circuit decides Lanham Act dispute of "Starbucks" versus "Charbucks": You can access today's ruling of the U.S. Court of Appeals for the Second Circuit at this link. Posted at 02:24 PM by Howard Bashman "Fla. property case no day at the beach for Supreme Court; Homeowners: Coastal restoration is government 'taking' of land." Joan Biskupic has this article today in USA Today. Today in The Wall Street Journal, Jess Bravin reports that "Beach Erosion Weighed in Property-Rights Case." Bill Mears of CNN.com reports that "Justices debate rights of beachfront land owners." Greg Stohr of Bloomberg News reports that "Beachfront Property Rights May Be Backed by U.S. Supreme Court." And yesterday evening's broadcast of the PBS program "The NewsHour with Jim Lehrer" contained a segment entitled "High Court Hears Beachfront Property Case" featuring Marcia Coyle. "Killing Slaughterhouse: Understanding the controversial 1873 decision at the center of the Supreme Court's upcoming gun rights fight." Brian Doherty has this essay online at Reason. Posted at 07:58 AM by Howard Bashman "Reformers win a fight to clean up court races": The Capital Times of Madison, Wisconsin has posted this editorial online today. Posted at 07:54 AM by Howard Bashman "A question of e-mail confidentiality": Today in The Newark (N.J.) Star-Ledger, Mary Fuchs has an article that begins, "The use of personal e-mail accounts at work may be acceptable to many companies, but that doesn't mean the bosses aren't looking -- even when the conversations are between an employee and her lawyer. The state Supreme Court yesterday considered whether an employee who corresponded with her lawyer through her personal e-mail account on a company-owned laptop was protected by the attorney-client privilege." Posted at 07:50 AM by Howard Bashman "Parnell picks Stowers for Supreme Court; Conservative jurist is not expected to 'legislate from the bench'": This article appears today in The Anchorage Daily News. Posted at 07:48 AM by Howard Bashman "Harman Mining owner asks Supreme Court to reconsider": Today in The Charleston (W. Va.) Gazette, Paul J. Nyden has an article that begins, "Hugh M. Caperton, owner of Harman Mining Co. and Sovereign Coal Sales, wants the state Supreme Court to reconsider its Nov. 12 decision that dismissed the August 2002 Boone County jury verdict he won against Massey Energy." And West Virginia Public Broadcasting reports that "Caperton petitions court to rehear case." You can access the rehearing petition at this link. Wednesday, December 2, 2009 "Two Views of a Radio Host on Trial Over Threats to Judges": This article will appear Thursday in The New York Times. And law.com reports that "Trial of Blogger Accused of Threatening 7th Circuit Judges Opens; Prosecutor tells jury that defendant took credit for encouraging the 2005 murders of relatives of a federal judge." "Homeowner Rights and Hot Dog Sellers Are Talk of Court": Adam Liptak will have this article Thursday in The New York Times. Thursday in The Washington Post, Robert Barnes will have an article headlined "Fla. beach-widening case could have even wider implications; Landowners' request for compensation heard by Supreme Court." David G. Savage of The Los Angeles Times has a news update headlined "Justices appear sympathetic to beachfront property owners; Florida residents argue that the state can't take away their right to private beaches after it restored an eroded coastline; A majority of the Supreme Court indicates it agrees with them." Lesley Clark of The Miami Herald reports that "Supreme Court case could affect beach restoration efforts." Warren Richey of The Christian Science Monitor reports that "Supreme Court hears arguments in Florida beach property case; Florida took up a seven-mile-long beach restoration project, and some beach property owners say it violates their rights; On Wednesday, a lawyer for waterfront landowners encountered both skepticism and support at the Supreme Court." On this evening's broadcast of NPR's "All Things Considered," Nina Totenberg had an audio segment entitled "High Court Weighs Florida Beach Case." At "SCOTUSblog," Lyle Denniston has this post about the oral argument. You can access the transcript of today's U.S. Supreme Court oral argument in Stop the Beach Renourishment, Inc. v. Florida Dept. of Environmental Protection, No. 08-1151, at this link. "Former Solicitor General Feels the Wrath of Senators": At "The BLT: The Blog of Legal Times," David Ingram has a post that begins, "Democratic senators have for months accused the U.S. Supreme Court of stifling civil lawsuits. They've cited, most recently, the Court's 5-4 decision this year in Ashcroft v. Iqbal, which added a new plausibility requirement for lawsuits. Today, in sometimes tense exchanges, those senators went head-to-head with Gregory Garre, the former solicitor general who argued and won the case almost exactly a year ago." Posted at 11:05 PM by Howard Bashman "Parnell picks Stowers for Supreme Court": The Anchorage Daily News has this update. Posted at 10:35 PM by Howard Bashman "Spring Break, Scalia-Style: The best Supreme Court case ever about partying on the beach." Dahlia Lithwick has this Supreme Court dispatch online at Slate. Posted at 09:57 PM by Howard Bashman "Beachfront property dispute at Supreme Court": Mark Sherman of The Associated Press has this report. Posted at 01:54 PM by Howard Bashman "R.I. judge's nomination rolls smoothly through Senate hearing": Today's edition of The Providence Journal contains an article that begins, "She came from modest beginnings in the segregated South, and Tuesday Superior Court Judge O. Rogeriee Thompson came a step closer to making history as the first African-American woman to serve on the U.S. Court of Appeals for the First Circuit." Posted at 11:24 AM by Howard Bashman "DOJ Pays $4M a Year to Read Public Court Documents": At Wired.com's "Threat Level" blog, Ryan Singel has a post that begins, "The federal court system charged the Department of Justice more than $4 million in 2009 for access to its electronic court filing system, which is composed entirely of documents in the public domain." Perhaps the U.S. Department of Justice will air this grievance when it completes the PACER Online Satisfaction Survey. "Jurors defend verdict that led to Texas execution": The Associated Press has a lengthy report that begins, "David Martin is sickened by the suggestion that Texas executed an innocent man when Cameron Todd Willingham was put to death for setting a fire that killed his three children. The veteran defense attorney represented Willingham at trial. He looked at all the evidence. And he has no doubt that his client deserved to die." Posted at 10:00 AM by Howard Bashman "Man behind bid to ban divorce says he's playing it straight": Today's edition of The Sacramento Bee contains an article that begins, "'Till death do us part' is no idle promise to John Marcotte, a Sacramentan bent on banning divorce in California." Posted at 07:35 AM by Howard Bashman "Case concerns student loans, bankruptcy": Joan Biskupic has this article today in USA Today. Posted at 07:32 AM by Howard Bashman "Supreme Court to hear Florida beach property rights dispute; Homeowners with private beachfronts on the Gulf Coast have sued over a government program that added sand to eroded beaches and made the new strip of land public property": David G. Savage has this article today in The Los Angeles Times. Warren Richey of The Christian Science Monitor has an article headlined "Supreme Court case: Florida v. beach property owners; Beach property owners in Florida went to court after the state government added sand to the beach in front of their homes, citing erosion, and designated the new stretch public land; The Supreme Court hears arguments Wednesday." Yesterday's edition of The Orlando Sentinel reported that "Beach replenishment trampled our rights, property owners claim; Supreme Court hears Panhandle case -- should they be compensated?" Today's broadcast of NPR's "Morning Edition" contained an audio segment entitled "Court To Decide: Who Owns A Preserved Beach?" featuring Nina Totenberg. Mark Sherman of The Associated Press has a report headlined "Beachfront property dispute at Supreme Court." The Destin Log has a report headlined "Beach restoration in the balance: Supreme Court justices wade into local quagmire." The Wall Street Journal contains an editorial entitled "Property Rights at the Water's Edge: The Supreme Court gets a seaside view of the Fifth Amendment." And The St. Petersburg Times contains an editorial entitled "Florida should win battle over beaches." "Supreme Court hears case on lawyers' free-speech rights; Firm challenges ban on certain advice to bankruptcy clients": Robert Barnes has this article today in The Washington Post. Posted at 07:16 AM by Howard Bashman Tuesday, December 1, 2009 Available online from law.com: Marcia Coyle of The National Law Journal reports that "High Court Considers Restrictions on Attorneys Giving Bankruptcy Advice." And an article reports that "Vaccine Cases Spark Interest -- and an Unusual Move by Plaintiffs." "Workman: Massey employed 'extensive pattern of fraudulent conduct'; Justice was lone dissenter in 4-1 ruling against Harman Mining." Today in The Charleston (W. Va.) Gazette, Paul J. Nyden has an article that begins, "West Virginia State Supreme Court Justice Margaret Workman cited Massey Energy's 'extensive pattern of fraudulent conduct' in a strongly worded dissent released Monday in a case that reached the U.S. Supreme Court earlier this year." And The Associated Press reports that "Justice criticizes W.Va. court's Massey ruling." You can access the dissenting opinion, issued yesterday, at this link. My earlier coverage of the majority opinion, which issued earlier last month, can be accessed here. "Democratic judge against merit picks for high court": Today's edition of The Columbus Dispatch contains an article that begins, "Letting the governor appoint members to the Ohio Supreme Court might offer Democrats their best shot of breaking the Republican monopoly on the bench. But that doesn't mean every Democrat is in favor." Posted at 10:34 PM by Howard Bashman "Suspect Cites Trial Delay in Seeking Dismissal": Wednesday's edition of The New York Times will contain an article that begins, "Lawyers for a terrorism suspect who spent nearly five years in American government custody before being sent to Manhattan for prosecution in a civilian court have asked a judge to dismiss his indictment, saying that the authorities had violated his constitutional right to a speedy trial, a new court filing shows." Posted at 10:32 PM by Howard Bashman "Doyle signs bill to publicly finance Supreme Court races": The Milwaukee Journal Sentinel has a news update that begins, "Gov. Jim Doyle on Tuesday signed a bill providing taxpayer money to Supreme Court candidates in an attempt to curtail the influence of special interests on the state's high court. Opponents of the measure have questioned its constitutionality and hinted at the possibility of a lawsuit to block the law from taking effect." Posted at 10:30 PM by Howard Bashman "New Haven fire board approves long-sought promotions": The New Haven Register has a news update that begins, "The Board of Fire Commissioners today approved the promotions of one Hispanic and 13 white firefighters, giving them the advancement they fought for all the way to the U.S. Supreme Court." Posted at 10:28 PM by Howard Bashman "This case began in 1986, when Burton W. Kanter, a well-known tax attorney and businessman, filed a petition seeking review of the Commissioner of Internal Revenue's determination that he had not paid all his taxes." So begins today's ruling of the U.S. Court of Appeals for the Seventh Circuit in Kanter v. Commissioner. Today's opinion goes on to explain, "Since then, the case has taken a yo-yo path through our judicial system, from the Tax Court to the Supreme Court and back again." "Photo of naked child not porn, state Court of Appeals rules; The court reversed the Clay County District Court conviction of Gary Lee Johnson on one count of possession of child pornography; The image at issue was of an 11- or 12-year-old girl": The Minneapolis Star Tribune has a news update that begins, "To be considered child pornography, a photo must show an act of sexual stimulation or gratification, the state Court of Appeals said today, setting aside the conviction of a man who had a photo of a naked child on his cell phone." You can access today's ruling of the Minnesota Court of Appeals at this link. "Federal Law Limiting Legal Advice Draws Particular Interest at the Supreme Court": Adam Liptak will have this article Wednesday in The New York Times. Posted at 08:37 PM by Howard Bashman Amendments to the Federal Rules of Appellate Procedure take effect today: Today is the first day of the so-called "days are days" approach to calculating time. And no, that's not some 10,000 Maniacs song. You can access the federal rule amendments taking effect today by clicking here. I previewed these appellate rule changes in the April 2009 installment of my "Upon Further Review" column published in The Legal Intelligencer, headlined "The Approaching Dawn of a New 'Day' Under the Federal Appellate Rules." "Lazarus wins final seat on state Superior Court": Paula Reed Ward if The Pittsburgh Post-Gazette has a news update that begins, "Following a state-mandated recount for the fourth open seat on the Pennsylvania Superior Court, Philadelphia County Common Pleas Judge Anne E. Lazarus has been declared the winner." The Pennsylvania Department of State has issued a news release headlined "Recount in Close Superior Court Election Confirms Original Winner; Anne E. Lazarus of Philadelphia Wins Fourth Open Seat" and has posted online a "Declaration of Recount Returns." "House Weighs Impeachment of Judge in an Unusual Move": Nathan Koppel and Dionne Searcey have this article today in The Wall Street Journal. And yesterday's edition of The Times-Picayune of New Orleans reported that "Probe of U.S. District Judge Thomas Porteous could touch lawyers." "Federal judges to take stand in trial of New Jersey shock jock Harold (Hal) Turner": This article appeared yesterday in The New York Daily News. Posted at 09:34 AM by Howard Bashman "Trial ordered after high court age bias ruling": Reuters has a report that begins, "A federal appeals court on Monday ordered a new trial in a case that led the U.S. Supreme Court in June to make it harder for workers to win age discrimination lawsuits. A three-judge panel of the U.S. Court of Appeals for the Eighth Circuit said FBL Financial Group Inc, an insurance and financial services company, deserves a new trial on an age bias claim by Jack Gross, a former claims administration director." You can access yesterday's ruling of the U.S. Court of Appeals for the Eighth Circuit at this link. "Terror by Trial Lawyer": Today in The Wall Street Journal, columnist William McGurn has this op-ed about the proposed federal legislation known as the Notice Pleading Restoration Act of 2009. Posted at 08:14 AM by Howard Bashman "Supreme Court refuses to hear death row inmate's appeal; Kevin Cooper was convicted in 1985 of stabbing to death 2 adults and 2 children; His attorneys argued that exculpatory evidence was destroyed or suppressed, but the high court declined to intervene": Carol J. Williams has this article today in The Los Angeles Times. And The Contra Costa Times reports today that "U.S. Supreme Court denies Kevin Cooper's appeal." "Supreme Court Overturns Decision on Detainee Photos": Adam Liptak has this article today in The New York Times. And today in USA Today, Joan Biskupic reports that "High court rejects detainee photos' release; Justices refer to act giving authority to Defense secretary." "Supreme Court rejects case of valedictorian who mentioned Jesus; A high school valedictorian argued that her free-speech rights were violated when she was forced to apologize to the student body for talking about Jesus in her graduation speech; The Supreme Court refused to hear the case Monday": Warren Richey of The Christian Science Monitor has this report. Posted at 08:05 AM by Howard Bashman "Court hears case on whistle-blower suits; Justices explore law that blocks citizens from suing": Joan Biskupic has this article today in USA Today. Posted at 08:04 AM by Howard Bashman "Justices Say Capital Cases Must Weigh War Trauma": Adam Liptak has this article today in The New York Times. In today's edition of The Washington Post, Robert Barnes reports that "Death-row inmate's military service is relevant, justices say; Court faults lawyer for not presenting mitigating evidence." And David G. Savage of The Los Angeles Times reports that "Supreme Court throws out Korean war veteran's death sentence; PTSD must be considered by a jury, the justices rule for the first time in a Florida case in which murderer George Porter's own lawyer didn't know he served in the Army, earning two Purple Hearts." "U.S. Supreme Court refuses to overturn S.D. woman's award; Justices won't hear appeal from Ford": In today's edition of The San Diego Union-Tribune, Greg Moran has an article that begins, "The U.S. Supreme Court will not review a last-ditch effort by automaker Ford to overturn an $82 million award for a San Diego woman who was left paralyzed when her Explorer rolled over and crushed her spine." In today's edition of The Los Angeles Times, David G. Savage reports that "Supreme Court rejects Ford's appeal in rollover case; A San Diego woman won $83 million after her Explorer rolled over and its roof partially collapsed; The accident paralyzed her." And in The San Francisco Chronicle, Bob Egelko reports that "$55 million award for SUV rollover upheld." "Marriage battleground shifts to Massachusetts": Today in The San Francisco Chronicle, Bob Egelko has an article that begins, "The focus of the legal dispute over the federal refusal to recognize same-sex unions has shifted from California to Massachusetts, where the courts will tackle the question of whether Congress must treat all state-approved marriages equally." And today in The Los Angeles Times, Maura Dolan has an article headlined "One question divides same-sex marriage proponents: When? Some want to set a vote in 2012 on overturning Proposition 8, fearing that the planned 2010 ballot measure, if it fails, could further polarize voters." "New recusal rules for Mich. Supreme Court under fire": The Detroit News contains this article today. You can access the new recusal rules, and the opinions issued in support of and dissenting from their approval, at this link. "Republicans revive Obama court pick fight; Hope to defeat Butler, Chen": This article appears today in The Washington Times. Yesterday in The Baltimore Sun, law professor Carl Tobias had an op-ed entitled "Ending 'confirmation wars': Despite rancor over Hamilton nomination, there are signs these fights may be over." In addition, online at McClatchy Newspapers, Tobias has an op-ed entitled "Filling lower federal court openings." And The Capital Times has posted online an op-ed by Stanley Kutler entitled "Obama risks losing his judicial prize." "Some Justices Voice Skepticism of Merck in Vioxx Case": Brent Kendall of Dow Jones Newswires has this report. And law.com's Tony Mauro reports that "High Court Seems Unconvinced by Merck in Vioxx Arguments." Monday, November 30, 2009 "Convicted killer loses before Supreme Court": Bob Egelko of The San Francisco Chronicle has a news update that begins, "A man who came within eight hours of execution in 2004 for the murders of two adults and two children in a Southern California home lost what may have been his final appeal Monday, when the U.S. Supreme Court refused to hear his claim of evidence tampering." Posted at 08:02 PM by Howard Bashman "The principal issue on this appeal is whether the Hostage Act has been validly applied to defendants who perpetrated an extortion scheme that used brief confinement of a taxi passenger to obtain a somewhat above average taxi fare." The U.S. Court of Appeals for the Second Circuit issued a ruling today in which that court examined the scope of the federal law enacted to implement the International Convention Against the Taking of Hostages. Posted at 04:25 PM by Howard Bashman "Overseas Reach of U.S. Securities Law Gets Hearing": Greg Stohr of Bloomberg News has this report. And James Vicini of Reuters reports that "U.S. top court to decide reach of securities law." "Supreme Court rules to keep detainee abuse photos secret": Michael Doyle of McClatchy Newspapers has this report. Warren Richey of The Christian Science Monitor reports that "Supreme Court decision lets Pentagon keep detainee photos secret; The Supreme Court Monday threw out a federal appeals court ruling requiring the release of photos that allegedly show abuse of US-held detainees in Iraq and Afghanistan; The court cited a new law that allows the Defense Secretary to withhold such photos." And James Vicini of Reuters reports that "US top court orders more review in photo abuse case." "Justices reject Ford's appeal of San Diego woman's $83-million award; The woman was paralyzed in 2002 when her Ford Explorer rolled over and its roof gave way; Ford argued that punitive damages were unconstitutional because the vehicle design met safety standards": David G. Savage of The Los Angeles Times has this news update. And Greg Stohr of Bloomberg News reports that "Ford Loses U.S. High Court Appeal of $55 Million Rollover Award." "Civil cases against judges involve emotional suffering": Today's edition of The Philadelphia Inquirer contains this front page article about the northeastern Pennsylvania judicial corruption scandal. Posted at 04:05 PM by Howard Bashman "Calif. court limits damages in harassment case": The Associated Press has this report on today's punitive damages ruling of the Supreme Court of California. Posted at 04:02 PM by Howard Bashman "9/11 attacks still haunt potential jurors; Wrenching questions of bias as New Yorkers contemplate trial duty": This article appears today in The Washington Post. Posted at 03:25 PM by Howard Bashman "Court hears Vioxx lawsuit arguments": Jesse J. Holland of The Associated Press has a report that begins, "Lawyers for Merck & Co. told the Supreme Court Monday investors waited too late and didn't do all of the necessary investigations to sue the drug maker over whether it properly warned about the risks of its blockbuster painkiller Vioxx." You can access the transcript of today's U.S. Supreme Court oral argument in Merck & Co. v. Reynolds, No. 08-905, at this link. "An Honest Debate: Court eyes how far the anti-fraud law goes." David G. Savage has this article in the December 2009 issue of ABA Journal magazine. Posted at 03:08 PM by Howard Bashman "Third Annual ABA Journal Blawg 100": That's the cover story of the December 2009 issue of ABA Journal magazine. And, once again, this blog has made the list. Posted at 03:07 PM by Howard Bashman "U.S. Supreme Court denies Nacchio again": Andy Vuong of The Denver Post has a news update that begins, "The U.S. Supreme Court, which in October denied Joe Nacchio's petition for a review of his insider trading conviction, today rejected the former Qwest chief executive's request for reconsideration." And The Associated Press reports that "Court takes on fraud lawsuit vs. Australian bank." "Federal judges argue for reduced sentences for child-porn convicts": This article appears today in The Denver Post. Posted at 02:40 PM by Howard Bashman "US Supreme Court to consider Fla. beach dispute": The Associated Press has this report. Posted at 12:45 PM by Howard Bashman Access online today's Order List of the U.S. Supreme Court: The Court has posted today's Order List at this link. The Court today granted certiorari in three cases. The Court also issued a unanimous per curiam opinion in Porter v. McCollum, No. 08-10537. And Justice Antonin Scalia issued a dissent from the Court's order granting a GVR in Webster v. Cooper, No. 08-10314. Instead of calling the outcome a GVR, Justice Scalia suggests describing it as an "SRMEOPR: Summary Remand for a More Extensive Opinion than Petitioner Requested." In early news coverage, The Associated Press reports that "Court sides with Gov't in detainee photo case"; "Court won't disturb $82.6M award in SUV rollover"; "Court turns down Calif. death row inmate's appeal"; "Court won't revive student's suit over grad speech"; "Court won't keep paraplegic killer in prison"; and "Court won't hear appeal on airplane crash." And at "SCOTUSblog," Lyle Denniston has a post titled "Court scuttles photos ruling, grants 3 cases." "Justice Breyer Reflects on Great Britain's Constitutional Evolution": Today in The Daily Journal of California, Lawrence Hurley has this interview with Justice Stephen G. Breyer. Posted at 07:58 AM by Howard Bashman Rulings addressing the scope of attorney-client privilege and the procedure for reducing a punitive damages award are scheduled to be released today by the Supreme Court of California: One decision scheduled for release today is expected to address whether the attorney-client privilege protects factual statements that outside counsel conveys to corporate counsel in a legal opinion letter and whether California's Evidence Code prohibits a trial court from conducting an in camera review of a legal opinion letter to determine whether the attorney-client privilege protects facts stated in the letter. And another decision scheduled for release today is expected to address, among other things, whether an appellate court determine the maximum constitutionally permissible award of punitive damages when it has reduced the accompanying award of compensatory damages, or whether the court should remand to the trial court for a new determination of punitive damages in light of the reduced award of compensatory damages. Both decisions are scheduled to be released today at 1 p.m. eastern time, 10 a.m. pacific time. "Dispute pits accident victims against insurers": Today in The San Francisco Chronicle, Bob Egelko has an article that begins, "The battle over health coverage has taken a new twist in California courts, where accident victims and insurers for those who caused the accidents are squaring off over the amount due for the victims' medical bills - a total that could run into the hundreds of millions of dollars." Posted at 07:40 AM by Howard Bashman "City moving to promote 14 firefighters": Today's edition of The New Haven Register contains a front page article that begins, "The city is wasting no time making court-ordered promotions for one Hispanic and 13 white firefighters who fought for and won advancement in the U.S. Supreme Court." And The Yale Daily News reports today that "Firefighters promoted after lawsuit." "Ruling: Pot allowance should be jury's call; Using state possession limits called improper." Today in The San Diego Union-Tribune, Greg Moran has an article that begins, "A state appeals court in San Diego has ruled that exactly how much marijuana a medical-marijuana user can legally possess is a question that jurors should decide, and using limits defined in state law is improper." You can access the recent ruling of California's Court of Appeal for the Fourth Appellate District, Division One, at this link. "Former stripper begins conviction appeal; Now serving 99 years; lawyers say jury unfairly tainted": This article appears today in The Anchorage Daily News. Posted at 07:30 AM by Howard Bashman "Accused Nazi Camp Guard on Trial in Germany": The New York Times has a news update from Munich that begins, "John Demjanjuk, a retired American autoworker, went on trial here Monday, accused of helping to force 27,900 Jews to their deaths during the Holocaust." CNN.com reports that "Demjanjuk Nazi war crimes trial starts." The Associated Press reports that "John Demjanjuk goes on trial in Germany." And Bloomberg News reports that "Demjanjuk Nazi Trial Raises Historic Questions, Legal Obstacles." Sunday, November 29, 2009 "'American Original' by Joan Biskupic: A new biography shows the intellectual prowess -- and interpretive liberties -- of Supreme Court Justice Antonin Scalia." In today's edition of The Los Angeles Times, Jim Newton has this review of Joan Biskupic's new book, "American Original: The Life and Constitution of Supreme Court Justice Antonin Scalia." Posted at 10:14 PM by Howard Bashman "Lawyers challenge anti-fraud provision in Supreme Court case": Joan Biskupic will have this article Monday in USA Today. Posted at 10:10 PM by Howard Bashman "The Abortion Distortion: Just how pro-choice is America, really?" This article will appear in the December 7, 2009 issue of New York Magazine. Posted at 10:08 PM by Howard Bashman "Death penalty in 9/11 trials may be difficult; Legal experts say Obama was overly confident when he said that critics of the New York trial would be silenced 'when the death penalty is applied to' suspect Khalid Shaikh Mohammed": David G. Savage will have this article Monday in The Los Angeles Times. Posted at 10:05 PM by Howard Bashman "Jessica's Law too vague to enforce? Most local offenders too close to schools, parks." This article appears today in The San Diego Union-Tribune. Posted at 10:32 AM by Howard Bashman "Supreme Court to take up anti-corruption law; Some say a ruling against the ban on 'honest services fraud' would take away one of the best weapons against public officials who use their positions to gain money, gifts or favors": David G. Savage has this article today in The Los Angeles Times. Posted at 10:27 AM by Howard Bashman "Supreme Court to hear Florida beach-property rights case; Six Florida homeowners are asking the U.S. Supreme Court for help in a beach renourishment fight that left them without waterfront property": This article appears today in The Miami Herald. Posted at 10:25 AM by Howard Bashman Saturday, November 28, 2009 "New fight develops over rights of fetuses; Lawsuit filed to keep initiative off the ballot": Today's edition of The Anchorage Daily News contains an article that begins, "A ballot initiative that sponsors hope will outlaw abortion in Alaska by declaring fetuses to be 'legal persons' appears headed for a court fight." Posted at 09:02 PM by Howard Bashman "Destin homeowners take cases to court; Neighbors claim renourishing sand unconstitutional": This article appears today in The Pensacola News Journal. And The Destin Log reports that "The Supreme Court will take up area restoration battle on Wednesday." "Ruling puts gun verdicts at risk; Mass. convictions under scrutiny": Today's edition of The Boston Globe contains an article that begins, "Dozens of gun possession convictions statewide could be overturned in the coming months as state judges interpret a narrow US Supreme Court ruling that found Massachusetts routinely violated the constitutional rights of drug defendants. The 5-4 ruling by the nation's highest court, issued this summer, forced Massachusetts prosecutors to abandon the state's historic practice of using written lab reports in drug trials to prove that seized materials were illicit drugs." Posted at 03:45 PM by Howard Bashman "Retiring Chief Federal Patent Judge May Start Think Tank": The Wall Street Journal today contains an article that begins, "The retiring chief judge for the federal patent appeals court may start his own intellectual property think tank, where he will press for limited congressional meddling in U.S. patent law." Posted at 03:44 PM by Howard Bashman "Gun ruling reversal tests domestic violence law": Today's edition of The Milwaukee Journal Sentinel contains an article that begins, "A Rock County man sentenced to two years in federal prison for shooting a deer while he was on probation for domestic violence has had his case overturned by a federal appeals court. The case could have far-ranging impact in the gun-rights debate." You can access the ruling that the U.S. Court of Appeals for the Seventh Circuit issued earlier this month at this link. The Washington Post reports on SCOTUS angle to White House "gate-crashers": Today's edition of The Washington Post contains an article headlined "Days of wine and poses: Vintners Michaele & Tareq Salahi drink deeply from life, but not all is so sparkling" that begins, "Before Tareq and Michaele Salahi catapulted to international notoriety as possible White House gate-crashers this week, the Virginia socialites had their pictures taken with President Obama during his inauguration, Prince Charles at a polo match and Oprah Winfrey at another event. They had Supreme Court Justice Anthony M. Kennedy speak at their elaborate wedding, which more than 1,800 guests attended." Posted at 09:30 AM by Howard Bashman "Spin of Wheel May Determine Judge in 9/11 Case": This article appears today in The New York Times. Posted at 09:00 AM by Howard Bashman Friday, November 27, 2009 "Plaintiff's failure-to-warn claims against the manufacturers of metoclopramide, the generic version of Reglan, [are] not preempted by federal law": The U.S. Court of Appeals for the Eighth Circuit today issued a ruling that the court's web site summarizes as follows: Plaintiff's failure-to-warn claims against the manufacturers of metoclopramide, the generic version of Reglan, were not preempted by federal law; district court did not err in dismissing plaintiff's claims against manufacturers of the name brand versions of the drug, as they did not owe her duty of care since she never took name brand versions of the drug and holding name brand manufacturers liable for harm caused by generic manufacturers stretches the concept of foreseeability too far.The failure-to-warn claims at issue in the case arise under Minnesota law. Posted at 02:25 PM by Howard Bashman "Court rules against Wal-Mart workers": Kirk Makin of The Toronto Globe and Mail has a news update that begins, "A move to unionize the massive Wal-Mart store chain was dealt a blow this morning when the Supreme Court of Canada voted 6-3 against workers at a Quebec outlet that attempt to unionize." The Montreal Gazette has a news update headlined "Supreme Court buys Wal-Mart stance on store closure." And The Associated Press reports that "Canada high court rules for Wal-Mart in union case." The Supreme Court of Canada issued two rulings in these cases today, and you can access them here (main ruling) and here (companion case). "Canadian judge rules Happy Gilmore golf shot illegal; A Canadian judge decided that the 'Happy Gilmore' golf shot made famous by Adam Sandler, 'breached the standard of care' in a Nova Scotia Supreme Court case": This post appeared earlier this week at the "global news blog" of The Christian Science Monitor. You can access the ruling of the Supreme Court of Nova Scotia at this link. Available online from law.com: Marcia Coyle of The National Law Journal reports that "Small Firm Takes Big Bankruptcy Fight to High Court." An article reports that "Supreme Court May Hear 'Cat's Paw' Case." In other news, "9th Circuit Widens Split on Rights of Independent Contractors." And an article reports that "N.J. Supreme Court to Weigh Employee's Use of Private Company Records in Bias Suit." "No decisions in high court's horn of plenty": Mark Sherman and Jesse J. Holland of The Associated Press has a report that begins, "For the first time under Chief Justice John Roberts, the Supreme Court failed to issue opinions before Thanksgiving in any of the cases that were argued in recent months." Posted at 10:50 AM by Howard Bashman "Mental State Cited in 9/11 Case": Today in The Wall Street Journal, Jess Bravin has an article that begins, "When five defendants are brought before a New York federal judge to face charges for the terror attacks of Sept. 11, 2001, the first question may be whether some of them are competent to stand trial at all." The newspaper also contains an op-ed by Thomas Wilner entitled "Obama Made the Right Call on KSM; A civilian court is the best venue for justice." "Benefits for same-sex partners are expanding": This article appears today in The Washington Post. Posted at 08:34 AM by Howard Bashman "After Supreme Court clerkship, UW grad returns to teach at law school": The Wisconsin State Journal posted this article online yesterday afternoon. Posted at 08:32 AM by Howard Bashman "Playing by Reid's rules on filibusters": Today in The Washington Post, U.S. Senator Jeff Sessions (R-AL) has an op-ed that begins, "Legal scholars have long debated whether the filibuster may be used to keep judicial nominees off the bench." Posted at 08:30 AM by Howard Bashman Thursday, November 26, 2009 "Test case on shackling juveniles withdrawn; Opponents say practice is a violation of rights and traumatic for youth": This article appears today in The Gainesville Sun. Posted at 01:30 PM by Howard Bashman "New Michigan Supreme Court rule will let judges toss one of their own": Today's edition of The Detroit Free Press contains an article that begins, "The Michigan Supreme Court enacted a rule late Wednesday that will allow, for the first time, a majority of justices to remove a colleague from a case for alleged bias. The rule, enacted on a 4-3 vote, is the most obvious indication so far of the change wrought by last year's election in which then-Chief Justice Clifford Taylor was defeated by Justice Diane Hathaway." Posted at 01:27 PM by Howard Bashman "Execution can proceed under new Ohio standards": The Associated Press has this report. The Columbus Dispatch reports today that "Way cleared for man's execution by new method." The Vindicator of Youngstown, Ohio reports today that "Family hails Biros ruling." And Bill Mears of CNN.com reports that "Court allows Ohio executions to resume." You can access yesterday's ruling of the U.S. Court of Appeals for the Sixth Circuit at this link. "Kentucky's Highest Court Halts Executions in State": John Schwartz has this article today in The New York Times. The Louisville Courier-Journal reports today that "High court rules regulation needed for lethal injection." The Lexington Herald-Leader contains an article headlined "Court: No executions until death penalty process changed." And The Associated Press reports that "Ky. court says state must readopt lethal injection." You can access yesterday's 4-3 ruling of the Supreme Court of Kentucky at this link. "From Footnote to Fame in Civil Rights History": The New York Times contains this article today. Posted at 12:40 PM by Howard Bashman "Turkey slaughter lawsuit won't fly, judges rule; A federal appeals panel says the Humane Society did not have the standing to sue the USDA for asserting that a 1958 congressional act mandating humane slaughter does not extend to poultry": This article appears today in The Los Angeles Times. My earlier coverage of last Friday's Ninth Circuit ruling appears at this link. Wednesday, November 25, 2009 "The Alienator: Making sense of Justice Scalia's personality--and his theory." Online at Slate, Emily Bazelon has this review of Joan Biskupic's new book, "American Original: The Life and Constitution of Supreme Court Justice Antonin Scalia." And at "The BLT: The Blog of Legal Times," Marcia Coyle has a related post titled "Gobble, Gobble v. Quack, Quack" that begins, "Just about everyone knows now that Justice Antonin Scalia likes to hunt." "Obama Wants Computer Privacy Ruling Overturned": David Kravets has this post today at Wired.com's "Threat Level" blog. Posted at 07:48 PM by Howard Bashman "The strange case of Al-Ghizzawi": Lyle Denniston has this interesting post this evening at "SCOTUSblog." Posted at 07:44 PM by Howard Bashman By a vote of 7-2, the Washington State Supreme Court upholds an $8 million default judgment, plus reasonable attorneys' fees, against the car manufacturer Hyundai for "deliberate and willful discovery abuse": Today's ruling consists of a majority opinion and a dissenting opinion. Update: The Associated Press reports that "Wash. court reinstates $8M award against Hyundai." "City to pay $50,000 for citation issued over obscene gesture": Today's edition of The Pittsburgh Post-Gazette contains an article that begins, "The city of Pittsburgh has tentatively agreed to pay $50,000 to settle a federal lawsuit brought by a man who was cited in 2006 for giving the middle finger to a motorist and a police officer." Posted at 07:48 AM by Howard Bashman "Ruling Lets Atlantic Yards Seize Land": This article appears today in The New York Times. The Wall Street Journal reports today that "Builders Net Win in N.Y. Case; Court Says State Can Claim Land for Brooklyn Project; Game Is Back on for NBA Arena." Bloomberg News reports that "Bruce Ratner's Atlantic Yards Project Will Proceed." Reuters reports that "NY top court rules for state in Atlantic Yards case." And The New York Law Journal reports that "Atlantic Yards Plan Clears Hurdle With Ruling on Eminent Domain." My earlier coverage of yesterday's New York State Court of Appeals ruling appears at this link. "Key coordinator of detainee policy quits": Today's edition of The Washington Post contains an article that begins, "A key official in the Obama administration's effort to remake detention policy and close the military prison at Guantanamo Bay has resigned. Phillip Carter, who was appointed deputy assistant secretary of defense for detainee policy in April, said in a brief telephone interview that he was leaving for 'personal and family reasons' and not because of any policy differences with the administration." And Carol Rosenberg of The Miami Herald reports that "Detainee policy appointee quits Pentagon post." "Promotions ordered for New Haven firefighters": The New Haven Register today contains an article that begins, "A U.S. District Court judge, under instruction by the Supreme Court, Tuesday entered a judgment finding that the city violated the civil rights of a group of white firefighters when it threw out two promotional exams in 2004, and ordered the city to promote 14 of them." And The Associated Press reports that "Judge orders New Haven firefighter promotions." "U.S. Senate committee to consider nomination of R.I. judge": Today's edition of The Providence Journal contains an article that begins, "The U.S. Senate Judiciary Committee will consider President Obama's nomination of Rhode Island Superior Court Judge O. Rogeriee Thompson to the 1st U.S. Circuit Court of Appeals on Tuesday." Posted at 07:20 AM by Howard Bashman "Prempro plaintiffs' lawyers sold their story to the jury": This article appears today in The Philadelphia Inquirer. Posted at 07:14 AM by Howard Bashman Tuesday, November 24, 2009 "Justice a unique voice on high court": In today's edition of The Atlanta Journal-Constitution, Bill Rankin has this article about Presiding Justice George H. Carley of the Supreme Court of Georgia. Posted at 08:54 PM by Howard Bashman "Court Kills 'Round-The-Clock' Surveillance Case": At Wired.com's "Threat Level" blog, David Kravets has this post about a ruling that the U.S. Court of Appeals for the D.C. Circuit issued last week. Posted at 08:52 PM by Howard Bashman "Feds seek rehearing of baseball drug list ruling": The Associated Press has this report. Update: At "The Volokh Conspiracy," law professor Orin Kerr has this post linking to an online copy of the rehearing petition. "The issue before us is whether a School District, in order to maintain a policy of complete religious neutrality, may prohibit celebratory religious music at school-sponsored events." So begins an opinion that the U.S. Court of Appeals for the Third Circuit issued today. Posted at 01:58 PM by Howard Bashman "Atlantic Yards Project in Brooklyn Clears Legal Hurdle": The New York Times has a news update that begins, "The last major obstacle to a groundbreaking for the $4.9 billion Atlantic Yards development in Brooklyn fell Tuesday when New York's highest court, the Court of Appeals, dismissed a challenge to the state's use of eminent domain on behalf of the developer, Bruce C. Ratner." And The Associated Press has a report headlined "Court: NY can seize property for new NJ Nets arena." You can access today's ruling of the New York State Court of Appeals at this link. "Landowners on Florida beaches fighting to be sand owners, too; Supreme Court to examine 'taking' of private property": Robert Barnes has this article today in The Washington Post. Posted at 08:50 AM by Howard Bashman "Line Drawn in One Case Dissolves in Another": In today's edition of The New York Times, Adam Liptak has this new installment of his "Sidebar" column. Posted at 08:47 AM by Howard Bashman "Right and Left Join to Oppose Government in Criminal Cases": Adam Liptak has this article today in The New York Times. Posted at 08:02 AM by Howard Bashman "A costly recount": Today's edition of The Philadelphia Inquirer contains an editorial that begins, "At the risk of being nicknamed the million-dollar man, Pittsburgh lawyer Templeton Smith Jr. insisted on a costly - and likely fruitless - recount in the close race for a fourth seat on the Pennsylvania Superior Court." Posted at 07:35 AM by Howard Bashman "Trial Over Death Threats Against Federal Judges Could Test Free Speech Rules Online; Media lawyers say case may carve out new precedent to cover the Internet free-for-all of invective": Lynne Marek of The National Law Journal has this report. This version of the article should be freely accessible without registration, unlike the version of the article that I linked to yesterday. Posted at 07:32 AM by Howard Bashman "Pfizer faces $103 million in Prempro damages": This front page article appears today in The Philadelphia Inquirer. Today's edition of The New York Times contains an article headlined "Another Loss for Pfizer in Drug Suits." In The Legal Intelligencer, Amaris Elliott-Engel reports that "Drugmakers Get Double Dose of Bad News Over Hormone-Replacement Therapy Products; Jury sets $34 million in punitive and compensatory damages Monday; an earlier verdict, unsealed the same day, is for $78 million." And Dow Jones Newswires report that "Pa. Jury Orders Pfizer To Pay $28 Million In Punitive Damages." Monday, November 23, 2009 "Pfizer Units' Damages for Menopause Drugs Exceed $165 Million": Bloomberg News has a report that begins, "Two Pfizer Inc. units have been ordered by juries to pay more than $165 million in punitive damages to women who developed cancer after taking a menopause drug, the women's lawyers said." And The Associated Press reports that "$75M verdict unsealed in Prempro-cancer case." "Ga. high court rules mower isn't a motor vehicle": The Associated Press has this report on a 4-3 ruling that the Supreme Court of Georgia issued today. Posted at 05:24 PM by Howard Bashman  
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