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Appellate Law and Practice 
Daily summaries of appellate cases from federal circuit courts of appeal. On the weekends, the blog provides appellate practice tips and book reviews.
Post Frequency: 1.8/day Last Entry: December 10, 2008 at 16:15:09 Recent Entries: 612
Go to Appellate Law and Practice, find other Appellate Law blogs, or browse all law blogs.
Florida Bar Hijinx
Posted on January 10, 2008Legal Ethics Forum catalogues every attempt by the Florida bar to punish expression by lawyers. These include: 1) criticizing a judge for taking away people's liberty; 2) telling people not to settle for less than they ?deserve.? Strangely, no attempts...
Media coverage of IMS Health
Posted on January 10, 2008Yesterday?s oral arguments in IMS Health v. Ayotte before the First are getting some media play. At issue is whether the NH Prescription Confidentiality Act violated the free speech rights of data mining companies.
CA1: Army loses conscientious objector case from Copt Doc
Posted on January 09, 2008Hanna v. Secretary of the Army, No. 07-1090. This is a petition of an Army Doctor that was denied conscientious objector status. The petitioner sought habeas relief. The District Court granted it. The First finds agrees because the Department of...
CA1: I think the court is trying to make foreign policy here
Posted on January 09, 2008Maramis v. Mukasey, No. 07-1552 (unpublished) denies a petition for review of an Indonesian Christian. I notice two things, 1) counsel and the IJ didn?t use the term "pattern or practice? (and the First tries to deal with this problem);...
CA1: Certification of pre-judgment bond after bankruptcy was improper
Posted on January 09, 2008Lee-Barnes v. Puerto Ven Quarry, No. 06-2581. This District Court certified an issue under Fed. R. Civ. P. 54(b). The First Circuit doesn?t want to be bothered. The defendant had posted a bond to avoid a pre-judgment attachment. Then the...
CA1: coercive conscription in Columbia not political
Posted on January 08, 2008Tobon-Marin v. Gonzales, No. 07-1113. This is a denial of an asylum petition for review by Columbia brothers. They claim they were threaten by the FARC because of their political beliefs. The First has this gem about to say about...
CA1: directed verdict against one labor defendant can be resolved on harmless error grounds
Posted on January 08, 2008Goulet v. New Penn Motor Exp., No. 06-2487. This is a pretty complex labor law case, in which it is alleged that the union dropped the ball in representing an employee. There was a directed verdict against the employer. The...
CA1: No case about conscientious objectors
Posted on January 08, 2008Something strange is happening in the First Circuit?s website. There are links to Hanna v. Department of the army, but they don?t actually point to the opinion. This case is pretty big, as his lawyer describes it as follows: Sergeant...
CA1: notices of appeal can be born nullities and blossom into things that means something
Posted on January 07, 2008Malloy v. WM Specialty Mortgage, No. 07-1026. This case is the height of appellate practice nerdery. After not responding to discovery requests or complying with various motions to compel, the District Court entered a really long order, which said ?the...
CA1: standard of review in joinder and supplemental jurisdiction in an insurance-coverage diversity case
Posted on January 07, 2008Picciotto v. Continental Casualty, No. 06-2685. The First starts of 2008 with my favorite kind of case: insurance coverage. Or at least I say this is my favorite kind of case. This litigation has been ongoing from some time, and...
Zut Alors de Gall GVRs!
Posted on January 07, 2008I knew they would come, but today I count over 50 Gall and Kimbrough GVRs. Update: Update: SL&P counts 75, and I agree. Of note is that US v. Pho (our coverage here and here and here) from the First...
Jose Padilla has sued John Yoo
Posted on January 04, 2008(For $1 plus fees) See How Appealing (with the complaint); Legal Ethics Forum; and Duncan Hollis at Opnion Juris
Standards of Practice in Civil Protection Order Cases
The American Bar Association has recently published its new Standa...
WHAT'S THE POOP WITH THE APPELLATE TERM?
In 565 Tenant’s Corp. v. Adams, a cooperative shareholder fa...
My fiance's check is DD into a local credit union. Bank seems to have a pattern of "invisibly holding" charges from the debit card until just HOURS before his DD is processed (and this is after hours, of course). Over th
Have your fiance take the information you've collected and go into the bank...
I am being accused of hitting a 7 yr old child with my car, but I honestly don't think I hit the child. The Child was never knocked down, ran around my car to go back to ball practice, and was walking around with the par
You are in a serious situation. Get a lawyer immediately. Make no statements to ...
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On 08-25 at 15:46PM
Acute perpendicular parking #NYPD #NYFD
On 08-18 at 22:18PM
Parallel parking gone bad. Too much gas UES NYC
On 08-18 at 21:41PM
UES NYC
On 08-18 at 21:25PM
Twitter suspends journalist critical of broadcast partner's coverage on dubious grounds @guyadams #nbcfail #twitterfail
On 07-30 at 17:57PM
Model example of 1st Amendment suppression by the People of New York City's Michael Bloomberg #OWS #NYPD
On 07-12 at 21:07PM
AG Holder lackadaisical on Operation in our Sites domain name seizures & RIAA lobbied free speech suppression @dajaz1
On 06-08 at 22:44PM
Why is the Catholic Church going to court over Obama contraception policy? @NewYorker commentary
On 05-31 at 10:08AM
Monks sue Louisiana for right to sell caskets made from forrest destroyed by Katrina
On 05-31 at 07:47AM
Are the abortion ultrasound laws headed for the Supreme Court?
On 05-15 at 21:52PM
My fiance's check is DD into a local credit union. Bank seems to have a pattern of "invisibly holding" charges from the debit card until just HOURS before his DD is processed (and this is after hours, of course). Over th
Have your fiance take the information you've collected and go into the bank...
I am being accused of hitting a 7 yr old child with my car, but I honestly don't think I hit the child. The Child was never knocked down, ran around my car to go back to ball practice, and was walking around with the par
You are in a serious situation. Get a lawyer immediately. Make no statements to ...
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