Home -> Law Blog Directory -> Litigation Blogs -> How Appealing

Litigation

: How Appealing

Updates pertaining to two of my "On Appeal" columns from early 2007

Updates pertaining to two of my "On Appeal" columns from early 2007: My column from April 16, 2007 headlined "The N-Word and a Plaintiff's Right to His Day in Court" argued that the U.S. Court of Appeals for the Fourth Circuit had reached the wrong result in a case captioned Eddy v. Waffle House, Inc.

Today, the U.S. Supreme Court granted certiorari, vacated the Fourth Circuit's judgment, and remanded the case for further consideration in light of the Supreme Court's recent ruling in Taylor v. Sturgell. I previously posted online at this link the cert.-stage briefing in Eddy.

I am also overdue in updating the subject matter of my column from May 14, 2007, headlined "When Should a Judge Face Discipline for What an Opinion Says?" Two weeks ago, Florida's Judicial Qualifications Commission held a trial in the case. Paul Flemming, chief of the Tallahassee bureau of Gannett Florida newspapers, had articles headlined "Judge denies ethics charges over criticism" and "Fireworks erupt in Allen ethics case." And The St. Petersburg Times covered the trial earlier this month in articles headlined "Case reveals rift on appeals court" and "At JQC trial against appeal judge, one more accusation." Although the trial has concluded, a decision is not expected to issue for weeks or perhaps months.

Full post as published by How Appealing on June 23, 2008 (boomark / email).