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Friday, November 6, 2009 When browsing to "Mattress.com," please do not leave off the final "s" for "savings": As The Associated Press reported earlier this year, the story of the founder of "Dial-A-Mattress" is a sad one. And today, the U.S. Court of Appeals for the Federal Circuit delivered a bit more bad news in a trademark-related ruling. By the way, the title of this post is in fact untrue, as www.mattres.com automatically redirects to www.mattress.com. Used car salesmen plus lawyers equals appellate ruling: The Associated Press reports that "Neb. court says dealers must check used-car safety." You can access today's ruling of the Supreme Court of Nebraska at this link. "Long wait about over for Baltimore judge": According to this news update from The Baltimore Sun, on Monday the U.S. Senate will hold a confirmation vote on the nomination of U.S. District Judge Andre M. Davis to serve on the U.S. Court of Appeals for the Fourth Circuit. Additional biographical information about Judge Davis can be accessed here. Posted at 03:18 PM by Howard Bashman "Teacher Claims Fingerprinting Is 'Mark of the Beast'": At Wired.com's "Threat Level" blog, David Kravets has a post that begins, "A 22-year veteran kindergarten teacher in the Texas Bible Belt could lose her job for refusing, on religious grounds, to give fingerprints under a state law requiring them." Posted at 08:33 AM by Howard Bashman "Kennedy predicts 'Carcieri fix' bill might pass": Today's edition of The Providence (R.I.) Journal contains an article that begins, "Rep. Patrick J. Kennedy said Thursday that a bill to reverse a U.S. Supreme Court decision blocking special land status for the Narragansett Indian tribe could become law during this Congress." Posted at 08:23 AM by Howard Bashman "Judge weighs dead woman's right to cash": The Boston Herald today contains an article that begins, "Whether a dead woman is entitled to loss-of-companionship damages 28 years after her daughter was murdered by mob monster James 'Whitey' Bulger is at the heart of a potential landmark decision by the city's federal court." Posted at 08:22 AM by Howard Bashman "Va. high court rules on Henrico wrongful-death suit": Today's edition of The Richmond Times-Dispatch contains an article that begins, "Parents have a broad duty to assure the welfare of a juvenile guest, even when harm comes to that guest from a third party outside the home. In a split decision yesterday, the state Supreme Court reinstated and sent back to Henrico County Circuit Court a wrongful-death case in which a 14-year-old guest died in a car crash." And The Associated Press reports that "Virginia court reinstates wrongful death suit." You can access yesterday's ruling of the Supreme Court of Virginia at this link. "State gun storage law is argued before SJC": This article appears today in The Boston Globe. Posted at 08:07 AM by Howard Bashman "Bill allowing taxpayer money for state Supreme Court races passes": Today's edition of The Milwaukee Journal Sentinel contains an article that begins, "Supreme Court candidates would get taxpayer money to run their campaigns, under a bill approved Thursday by the Legislature. Democrats said the bill would improve the tone of the increasingly nasty Supreme Court races by limiting the role of special interests, even while some advocates for campaign finance reform said it didn't go far enough." And The Wisconsin State Journal reports today that "Wis. Senate OKs new election money for justices." "Supreme Court query puts Janet Napolitano on the spot": At Politico.com, Josh Gerstein has an article that begins, "A simple query from the Supreme Court is forcing the Obama administration to wrestle with the limits of states' authority to enforce immigration laws -- and also is throwing an uncomfortable spotlight on Secretary of Homeland Security Janet Napolitano." Posted at 07:54 AM by Howard Bashman "Death penalty foes rip Coakley for signing brief": Today's edition of The Boston Globe contains an article that begins, "Attorney General Martha Coakley, who says she is firmly against capital punishment, has drawn the ire of some death penalty opponents by urging the US Supreme Court to limit federal review of state court decisions, which opponents say could make it harder for defendants on death row to challenge their sentences." Posted at 07:52 AM by Howard Bashman Available online from law.com: An article reports that "D.C. Court of Appeals Resurrects Cell Phone Radiation Cases; Cases target some of the biggest names in the wireless industry, who in turn have recruited a battery of big-name defense firms." You can access last week's ruling of the District of Columbia Court of Appeals at this link. An headlined "Expect Calif. Same-Sex Marriage Case to Stay Two-Party Affair" reports on an appeal argued Wednesday before a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit. And in other news, "Law School Professor Withdraws Suit Against Legal Blog." "Catholics angered by S.F. supes win new hearing": Today in The San Francisco Chronicle, Bob Egelko has an article that begins, "A federal appeals court granted a Catholic advocacy group's request Thursday for a new hearing on whether San Francisco expressed official hostility to religion in 2006 when the Board of Supervisors denounced a Vatican order to Catholic Charities not to place children with same-sex couples for adoption." You can access yesterday's order of the U.S. Court of Appeals for the Ninth Circuit at this link. My earlier coverage of the now-vacated three-judge panel's ruling, which issued in June 2009, can be accessed here. Thursday, November 5, 2009 "New Hampshire Suit Challenges Mortgage Blogger's Use of Anonymous Sources": The "E-Media Tidbits" blog at Poynter Online has a post that begins, "The New Hampshire Supreme Court heard oral arguments Wednesday in a lawsuit that calls into question the legal protections available to independent Web sites that cover news." Posted at 10:22 PM by Howard Bashman "2 N.C. judges nominated for 4th Circuit; Albert Diaz of Charlotte and Jim Wynn of Cary, both with military ties, could make appeals court less conservative": This article appears today in The Charlotte Observer. Posted at 10:18 PM by Howard Bashman "Gun storage law defended in state's highest court": The Boston Globe has a news update that begins, "The Middlesex district attorney's office argued today in the state's highest court that a state law that requires guns to be stored in locked containers or outfitted with trigger locks is valid. But the attorney for a Billerica man charged with keeping a gun in an unlocked carrying case said the law should be negated by a recent decision of the US Supreme Court." And The Associated Press reports that "Supreme Judicial Court hears challenge to Mass. law that requires guns to be locked in homes." "Posting deputy by defendant is OK, court rules": Bob Egelko of The San Francisco Chronicle has a news update that begins, "A judge did not violate an Oakland man's right to a fair trial on sex and drug charges by placing a sheriff's deputy near him when he testified, the state Supreme Court ruled Thursday." You can access today's ruling of the Supreme Court of California at this link. "We Can't Execute Them: But should we lock up teens for life?" Dahlia Lithwick will have this essay in the November 16, 2009 issue of Newsweek. Posted at 08:22 PM by Howard Bashman "Note to Justices: Specter Saw You on TV." David Ingram has this post at "The BLT: The Blog of Legal Times." Posted at 08:20 PM by Howard Bashman Ninth Circuit considers whether to finally hold a super-duper en banc rehearing: Law professor Orin Kerr has the details in this post at "The Volokh Conspiracy." As the post notes, if Orin's computer crime casebook were a Ninth Circuit judge in regular active service, it would vote "yes." Posted at 06:18 PM by Howard Bashman "Supreme Court wades into mutual fund fee disparity": The Associated Press has this report. Posted at 05:30 PM by Howard Bashman By a vote of 7-4, the en banc Ninth Circuit announces a "newly stated 'abuse of discretion' test": And apparently it's even more difficult to satisfy than the "abuse of discretion" test that it replaces, which, according to the majority, provided "no effective limit on our power to substitute our judgment for that of the district court." You can access today's en banc ruling of the U.S. Court of Appeals for the Ninth Circuit at this link. Seventh Circuit decides copyright dispute involving photographs of Thomas the Tank Engine and his friends: The fictional world of Thomas the Tank Engine contains very little mention of litigation (or of FELA, for that matter). But in the real world, litigation does exist, and today's ruling of the U.S. Court of Appeals for the Seventh Circuit demonstrates that Thomas & Friends don't always end up on the winning side. Posted at 02:42 PM by Howard Bashman "Defense Lawyers in Wone Case Seek to Exclude Uncharged Conduct": Mike Scarcella has this post at "The BLT: The Blog of Legal Times." Posted at 02:30 PM by Howard Bashman In today's mail: Today's mail contained a copy of Joan Biskupic's new book, "American Original: The Life and Constitution of Supreme Court Justice Antonin Scalia." And, from The Green Bag, I received a Chief Justice John G. Roberts, Jr. "Supreme Court Sluggers" baseball trading card. Federal Circuit enters "Cold War" battle: You can access today's ruling of the U.S. Court of Appeals for the Federal Circuit in Cold War Museum, Inc. v. Cold War Air Museum, Inc. at this link. "The TTABlog" previously covered the case in posts you can access here and here. And the ruling of the Trademark Trial and Appeal Board in this matter can be accessed here. "Comment decision in high court's hands": Today's edition of The Nashua Telegraph contains an article that begins, "The New Hampshire Supreme Court heard arguments Wednesday in a free-speech case that calls into question whether media outlets can protect the identities of anonymous online commenters. The case also has potentially broad implications in determining who constitutes the media in an Internet age that has blurred the line between traditional news outlets and bloggers or citizen journalists." Posted at 08:07 AM by Howard Bashman "Court should prevent use of Prop. 9 to take beach": J. David Breemer has this op-ed today in The Houston Chronicle. Posted at 08:04 AM by Howard Bashman "Top court to hear teacher e-mail dispute next week": The Wisconsin Rapids Daily Tribune contains this article today. Posted at 08:03 AM by Howard Bashman "$2.3 million or $800,000 the question in court; Justices consider whether new law applies to contingency fee": Today's edition of The Las Vegas Review-Journal contains an article that begins, "A voter initiative that fundamentally altered medical malpractice litigation in Nevada was the basis of an appeal heard last week by a panel of Nevada Supreme Court justices." Posted at 07:58 AM by Howard Bashman "Lawyers fight law on sex offenders before Ohio Supreme Court": This article appears today in The Columbus Dispatch. Posted at 07:55 AM by Howard Bashman "Former NM high court chief dies during speech": The Associated Press has a report that begins, "Former state Supreme Court Chief Justice Gene Franchini has died while addressing first-year law students at the University of New Mexico. KOB-TV reported that Franchini was giving his annual speech on ethics and the role of a judge Wednesday evening when he collapsed." And KOB-TV reports that "Former state Chief Justice dies giving lecture at UNM." "Butler faces pointed queries at confirmation hearing": Today's edition of The Milwaukee Journal Sentinel contains an article that begins, "Judge Louis Butler was ready with a quip at his judicial confirmation hearing Wednesday when a Republican senator asked him about losing two elections for Wisconsin Supreme Court." Posted at 07:48 AM by Howard Bashman "Women begin to dominate state appellate courts": This article appears today in The Pittsburgh Tribune-Review. Posted at 07:40 AM by Howard Bashman "Calif. Justices Seem OK With DNA-Based Warrant": law.com has this report. Posted at 07:38 AM by Howard Bashman "Justices, in Aftermath of 2 Murder Cases, Hear Claims of a Process Gone Wrong": Adam Liptak has this article today in The New York Times. Today in USA Today, Joan Biskupic has an article headlined "High court weighs lawsuits against prosecutors; Roberts: Claims could have a 'chilling effect.'" The Omaha World-Herald reports today that "Court weighs legal shield." The Des Moines Register reports that "Court reviews Iowa prosecutors' immunity." law.com's Tony Mauro reports that "High Court Justices Weigh Tradition of Prosecutorial Immunity Against Potential Civil Rights Violations." And the web site of Time magazine has an article headlined "When Is It Legal To Frame A Man For Murder?" "Analysis: Democrats have short memory on judges." The Associated Press has a report that begins, "Ten months into Barack Obama's presidency, Democrats are accusing Republicans of creating 'a dark mark on the Senate' by delaying confirmation of his federal court nominees." Posted at 07:20 AM by Howard Bashman Wednesday, November 4, 2009 "New Albany again rebuffed in battle against adult bookstore": Yesterday's edition of The Louisville Courier-Journal contained this article. Posted at 09:30 PM by Howard Bashman "18 And a Life To Go: The U.S. is the only country that sentences juveniles to life in prison without parole; Will the Supreme Court declare it unconstitutional?" This article appears online at the web site of Newsweek magazine. And online at Slate, Amy Bach has a jurisprudence essay entitled "All Locked Up: Did Joe Sullivan, sentenced to life at 13, have a fair trial?" "Supreme Court orders new trial in CV defamation case": The Citizens' Voice of Wilkes-Barre, Pennsylvania has a news update that begins, "The state Supreme Court ordered a new trial today in $3.5 million defamation verdict against The Citizens' Voice that the newspaper's attorneys allege was possibly fixed in a conspiracy between a Luzerne County judge and a convicted mobster." And The Associated Press reports that "NE Pa. paper wins new trial in defamation case." You can access today's order of the Supreme Court of Pennsylvania at this link. The Report and Recommendation referenced in today's order can be accessed here. "The Framers on the Framers: Does the Constitution protect prosecutors who fabricate evidence?" Dahlia Lithwick has this Supreme Court dispatch online at Slate. Posted at 08:57 PM by Howard Bashman "DC sniper proclaims innnocence in 2008 letter": The Associated Press has this report. Posted at 07:50 PM by Howard Bashman "Death sentence upheld for Julie Love's killer": Bill Rankin of The Atlanta Journal-Constitution has a news update that begins, "The federal appeals court in Atlanta on Wednesday upheld the death sentence against a man convicted of one of Atlanta's most infamous murders -- the abduction and killing of 27-year-old Julie Love." Circuit Judge Ed Carnes wrote today's 116-page ruling of the U.S. Court of Appeals for the Eleventh Circuit for a unanimous three-judge panel. "Panel to discuss U.S. Supreme Court and the media": Princeton University has issued a news release that begins, "Noted law reporters and media analysts will participate in a panel discussion titled 'Full Court Press: The Supreme Court, the Media and Public Understanding' at 4:30 p.m. Wednesday, Nov. 11." Posted at 05:50 PM by Howard Bashman "Supreme Court appears split on tackling rogue prosecutors; The Supreme Court Wednesday heard arguments in a lawsuit brought by two Iowa men who spent 25 in prison after prosecutors allegedly fabricated evidence against them; Justices seemed divided on the issue of how much immunity prosecutors should enjoy": Warren Richey of The Christian Science Monitor has this report. And this evening's broadcast of NPR's "All Things Considered" contained an audio segment entitled "High Court Weighs Prosecutors' Immunity" featuring Nina Totenberg. "Melvin Brunetti dies at 75; federal appeals court judge; He sat on the 9th Circuit Court of Appeals for 24 years; His key opinions include upholding Robert Alton Harris' death penalty and broader Pentagon scrutiny of homosexuals' security clearances": Carol J. Williams had this obituary yesterday in The Los Angeles Times. And yesterday's edition of Metropolitan News-Enterprise contained an article headlined "Services Set for Ninth Circuit Senior Judge Brunetti." This U.S. Supreme Court case does not involve Woody Allen: Although, if glanced at too quickly, the case of Wood v. Allenin which the U.S. Supreme Court heard oral argument today (the transcript is available at this link) does look a bit like "Woody Allen." But while speaking of Hollywood, it is noteworthy that petitioner Wood's first name actually is Holly. Because this is a death penalty case, it remains to be seen whether -- and, if so, for whom -- it will have a happy ending. "Court worries about stifling prosecutors": Jesse J. Holland of The Associated Press has a report that begins, "The Supreme Court on Wednesday seemed worried that allowing people to sue prosecutors who fabricate evidence to win convictions might chill other prosecutions - even if those prosecutors are doing their jobs correctly and honestly." You can access at this link the transcript of today's U.S. Supreme Court oral argument in Pottawattamie County v. McGhee, No. 08-1065. "Charlotte judge nominated to 4th Circuit Court of Appeals": The Charlotte Observer has this news update, along with a news update headlined "Wynn, Diaz tapped for U.S. appeals court." At the "44" blog of The Washington Post, Michael A. Fletcher has a post titled "Obama nominates two to the 4th Circuit Court of Appeals." The Daily Reflector of Greenville, North Carolina has a news update headlined "Robersonville native nominated to U.S. Court of Appeals." The News & Record of Greensboro, North Carolina has an update headlined "Obama appoints two N.C. judges to Fourth Circuit." And at "The BLT: The Blog of Legal Times," David Ingram has a post titled "Obama Nominates Two from N.C. to the 4th Circuit." Today's official news release from the White House is headlined "President Obama Nominates Judge Albert Diaz and Judge James Wynn to the Fourth Circuit Court of Appeals." To quote from a ruling that the U.S. Court of Appeals for the Sixth Circuit issued today, "Bow wow wow, yippie yo, yippie yea": It's true, the "Bow Wow refrain" is at issue in a copyright infringement appeal that the Sixth Circuit decided today. You can access today's ruling at this link. Posted at 11:10 AM by Howard Bashman "Prosecutors keep eyes on Bluffs case": This past Sunday's edition of The Omaha World-Herald contained an article that begins, "A case that began in a dark used car lot 32 years ago will see the light of the U.S. Supreme Court chamber this week. The issue before the high court isn't whether Curtis McGhee and Terry Harrington, both of Omaha, were wrongly convicted of murdering a retired Council Bluffs police officer. Or whether the two men were unjustly imprisoned for 25 years. The court also isn't tasked with deciding whether county prosecutors fabricated evidence that led to the men's conviction. Rather, the question is: If prosecutors in fact fabricated evidence, can they be sued for it?" And on today's broadcast of NPR's "Morning Edition," Nina Totenberg had an audio segment entitled "Can Prosecutors Be Sued By People They Framed?" "Wisconsin Supreme Court hears lawsuit on civil unions; Case could overturn amendment which bans gay marriage": The Badger Herald, the student newspaper of the University of Wisconsin-Madison, contains this article today. And The Milwaukee Journal Sentinel reports today that "State Supreme Court hears arguments on gay marriage amendment." "Orie Melvin bucks odds to win Pa. Supreme Court seat": This article appears today in The Pittsburgh Post-Gazette. The Philadelphia Inquirer reports today that "Melvin wins Supreme Court race." The Patriot-News of Harrisburg, Pennsylvania reports that "Melvin will become next justice." And The Pittsburgh Tribune-Review reports that "Orie Melvin leads Panella for Pennsylvania Supreme Court seat." "State justices debate limits on sex offenders": Today in The San Francisco Chronicle, Bob Egelko has an article that begins, "The California Supreme Court appeared to be searching for a middle ground Tuesday in a dispute over whether thousands of formerly imprisoned sex offenders must live at least 2,000 feet from parks and schools, a voter-approved restriction that would exclude them from most of the state's urban areas." Posted at 07:20 AM by Howard Bashman "Supreme Court is asked to spare sniper; Lawyers: Muhammad shouldn't have been allowed to represent self." This article appears today in The Washington Post. Posted at 07:18 AM by Howard Bashman "Michigan Supreme Court justices take up doctor liability; Patient shot in '99 sued psychiatrist's estate": Today's edition of The Detroit Free Press contains an article that begins, "More than 10 years after an explosion of violence and death at the office of a Southfield psychiatrist, the Michigan Supreme Court heard arguments Tuesday about whether the estate of the slain psychiatrist is liable for injuries a patient suffered when a former patient shot them." Posted at 07:14 AM by Howard Bashman "Justices split on Series": Mark Sherman of The Associated Press has a report that begins, "He's a right-leaning New Jersey native with a lifelong love of the Phillies. She's a liberal New Yorker who grew up near Yankee Stadium. They're eying each other warily these days from opposite ends of the Supreme Court bench. Justices Samuel Alito and Sonia Sotomayor make no secret of their rooting interests in the World Series, though neither would say whether they have a wager on the outcome." Posted at 07:10 AM by Howard Bashman Tuesday, November 3, 2009 "Republican Melvin wins Supreme Court seat": The Patriot-News of Harrisburg, Pennsylvania has an update that begins, "Republican Joan Orie Melvin has won a seat on the Pennsylvania Supreme Court. Unofficial returns showed Melvin besting Democrat Jack Panella by a 53 percent to 47 percent margin with 91 percent of the state's 9,313 precincts reporting." Posted at 11:58 PM by Howard Bashman "At Supreme Court: Can prosecutors be sued for framing defendants? Two African-American men wrongly imprisoned for 25 years filed a lawsuit against prosecutors for fabricating evidence against them; The Supreme Court hears the case Wednesday." Warren Richey of The Christian Science Monitor has this report. Posted at 10:15 PM by Howard Bashman "Supreme Court seeks White House views on hiring illegals": Michael Doyle of McClatchy Newspapers has this report. And The Arizona Republic reports today that "Justices may hear disputed Arizona law; High court seeks Obama input on migrant hiring." "Federal judges pursue judicial pay dispute in appeals court; Eight federal judges argue that Congress violated the Constitution when it nixed scheduled judicial pay hikes; They want an appeals court to overturn its own precedent or let the case move to the Supreme Court": Warren Richey of The Christian Science Monitor has this report. Posted at 08:55 PM by Howard Bashman "Justices Scrutinize Adviser Pay": Adam Liptak has this article today in The New York Times. Today in The Washington Post, Robert Barnes reports that "Justices tackle case on investment fees; Court seems disinclined to tighten oversight of mutual fund advisers." David G. Savage and Walter Hamilton of The Los Angeles Times report that "U.S. Supreme Court debates whether mutual funds' fees are too high; Investors may be allowed to sue funds' board members if the fees are considered excessive." And Jess Bravin of The Wall Street Journal reports that "Justices Weigh Fees Investment Advisers Charge Mutual Funds." "Bill signing finally outlaws indoor prostitution in R.I." The Providence Journal has this news update. Posted at 08:40 PM by Howard Bashman "Plea to delay execution in sniper case": Lyle Denniston has this post at "SCOTUSblog." Posted at 08:27 PM by Howard Bashman "DC sniper to ask Supreme Court to block execution": The Associated Press has this report. And last week in The Richmond Times-Dispatch, Frank Green had an article headlined "Sniper's ex-wife says his real aim was to kill her." "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.  
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