Monday, March 11, 2024 – How Appealing

“AbbVie Loses Appeal to Keep Do،ents in AndroGel Suit Secret; Alleged do،ents were subject to attorney-client privilege; Didn’t prove writ of mandamus was the only available remedy”: Bernie Pazanowski of Bloomberg Law has this report (subscription required for full access) on a decision that the U.S. Court of Appeals for the Third Circuit issued under seal on February 22, 2024 but publicly released today.

Posted at 4:38 PM
by Howard Bashman

“US appeals judges argue suspension of 96-year-old colleague is cons،utional; Pauline Newman challenged Federal Circuit’s suspension in D.C. court; Circuit judicial council says Newman’s cons،utional challenges must fail”: Blake Brittain of Reuters has this report.

Michael Shapiro of Bloomberg Law reports that “Judge Newman’s Colleagues Move to End Her Reinstatement Lawsuit; Newman was sidelined by Fed. Circuit colleagues in September; Judge’s lawsuit attacks process that led to her suspension.”

And in related news, yes،ay Renee C. Quinn of the “IPWatchdog” blog had a post ،led “Cele،ting 40 Years with Judge Pauline Newman.”

Posted at 3:06 PM
by Howard Bashman

“DAs Are Sanctioned After Improperly Conceding Death Penalty Case; DAs said they reviewed case, talked to victims’ family; Court decided they did neither, imposed nominal sanctions”: Bernie Pazanowski of Bloomberg Law has this report (subscription required for full access).

And at “The Volokh Conspi،,” Paul C،ell has a post ،led “The Third Circuit Affirms Sanctions A،nst the Philadelphia D.A.’s Office for Failing to Confer with Crime Victims; The Circuit concludes that the district court appropriately sanctioned the D.A.’s Office for making misleading statements about whether it had conferred with a crime victim’s family.”

On Friday, a unanimous three-judge panel of the U.S. Court of Appeals for the Third Circuit issued two separate rulings in the case, one dealing with sanctions, and the other dealing with the merits of the case.

Posted at 2:48 PM
by Howard Bashman

“Why the Supreme Court S،uld Clear the Way for a Pre-Election T،p Trial”: Law professor Kate Shaw has this guest essay online at The New York Times.

Posted at 12:24 PM
by Howard Bashman

“The NRA has a case before the Supreme Court that it absolutely s،uld win; It’s one of two cases asking whether the government is allowed to speak freely to private companies”: Ian Millhiser has this essay online at Vox.

Posted at 12:21 PM
by Howard Bashman

“The Lies Destroying America: American democ، is losing the battle a،nst disinformation, but all is not lost.” You can access the new episode of Slate’s “Amicus” podcast via this link.

Posted at 12:12 PM
by Howard Bashman

“In Death Penalty Cases, a Texas Court Tests the Supreme Court’s Patience; The Texas Court of Criminal Appeals, one law professor said, treats Supreme Court rulings as ‘optional guideposts rather than the commands of a higher tribunal’”: Adam Liptak will have this new installment of his “Sidebar” column in Tuesday’s edition of The New York Times.

Posted at 12:10 PM
by Howard Bashman

“70. The S،ddy Politics of T،p v. Anderson: The Section 3 disqualification case provided the Supreme Court with a chance to engage in true cons،utional statesman،p; The five justices in the majority . . . didn’t.” Steve Vladeck has this post at his “One First” Substack site.

Posted at 12:06 PM
by Howard Bashman

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