Short Circuits

News from around the circuits, posted last week and linked below by topic or party.  For the latest headlines, check the right sidebar or click here (Appellate Daily on Twitter).

EP=Editor's Pick

First Circuit (EP-SORNA/circuit split)

Second Circuit (EP-Steinbeck estate, rebuffed new trial, asylum, and judicial nominee)

Third Circuit (Mumia Abu-Jamal, overturned settlement, strip searches, and "kids for cash"/insurance)

Fourth Circuit (False Claims Act, forced medication, convictions/job restrictions, and hair strand)

Fifth Circuit (deported baby, Guard probe,* Skilling hearing, Mark Cuban, D.A. firing, apocalyptic attention, Texas/education funding, and judicial nominee)

Sixth Circuit (Venezuela/promissory notes, with later correction, Deutsche Bank/nuisance, and Palin hacker)

Seventh Circuit (EP-innocent spouse/tax, Judge Posner,** inmate mail, and Roland Burris)

Eighth Circuit (campaign spending, e-filing, securities class action-audio, city council/EPA, state chief justice-via How Appealing, and preacher/sex abuse-partial article)

Ninth Circuit (EP-felon voting-video, AZ immigration law hearing and author, Prop. 8/states' amici brief, sexual material/minors, Rio Tinto mine, wiretapping/Hollywood scandal, domestic terrorism, fentanyl/murder, brief project, and appellate lawyer reps)

Tenth Circuit (fired nurse, water pollution/poultry, and Lila Canyon mine)

Eleventh Circuit (EP-tri-state water dispute, Troy Davis, and ex-county commissioner)

D.C. Circuit (EP-GPS surveillance/circuit split, electronic cigarettes, and bill of costs)

Federal Circuit (industry standards, TiVo/Dish Network, advisory council, and written description)

Other (judicial nominees)

Thanks to Topix for many of these links.

*Dated prior to last week.
**Available online last week, but dated after.

Short Circuits

News from around the circuits, posted last week and linked below by topic or party.  For the latest headlines, please see the right sidebar or click here (Appellate Daily on Twitter).

First Circuit (ERISA, party houses, and Harvard Law/asylum)

Second Circuit (Alien Tort Statute/corporate liability,* bespeaks caution rule, honest services fraud, and judicial nominee)

Third Circuit (asbestos/preemption, football, willful blindness/tax, gas drilling, honest services fraud, school redistricting, and Judge Scirica)

Fourth Circuit (judicial nominee and I-81)

Fifth Circuit (exonerated prisoner, Hurricane Katrina/contractor immunity, and 1964 KKK kidnapping)

Sixth Circuit (new judge, sewer district, and motorcycle club)

Seventh Circuit (judge's Hitler reference)

Eighth Circuit (Target and fake lawyer)

Ninth Circuit (Prop. 8, HIV disclosure, steroid records, headscarf/holding cell, Iraq war contractor, gas pipeline/secrecy, UWash arson, Miranda rights, train emissions, honest services fraud, anti-gay marriage speech, and LAX solicitation ban)

Tenth Circuit (mining/drinking water, memorial crosses, and Stolen Valor Act-also Ninth Circuit)

Eleventh Circuit (TB scare, flunked law student, Corps manual/water supply, and Everglades bridge)

D.C. Circuit (al-Qaeda, sealed ruling, stem cell ban, strip searching, pardon rejections/FOIA, national parks/speech, GHG rules, and cell phone tracking/FOIA)

Federal Circuit (laser patents and successor company)

Thanks to Topix and How Appealing for many of these links.

*Available online last week, but dated after.

Short Circuits

News from around the circuits, posted last week and linked below by topic or party.  For the latest headlines, click here (Appellate Daily on Twitter).

First Circuit ("under God" phrase and Zoloft defense)

Second Circuit ("pay for delay" deal, Eli Lilly, REAL ID Act, and helicopter in backyard)

Third Circuit (cell phone location data, local immigration law, NutriSystem, ex-legislator, and HUD)

Fourth Circuit (air pollution, Somali pirates, cop reassignment, and sentencing)

Fifth Circuit (Porteous suspension, Kokoschka painting, campaign finance, Allen Stanford, discrimination, and ineffective assistance)

Sixth Circuit (ex-City Council member and water damage)

Seventh Circuit (special education, bar dues, and Roland Burris)

Eighth Circuit (local immigration law-also Third Circuit and new local rules-effective 10/1/2010**)

Ninth Circuit (Don't Ask, Don't Tell,* Chevron/Nigeria,* state secrets privilege, retiree benefits, tattoos/First Amendment, software resale/copyright, ex-state lawmakers, and AZ immigration law author)

Tenth Circuit (copyright)

Eleventh Circuit (Judge Birch and honest services fraud)

D.C. Circuit (stem cell research/stay, D.D.C. v. D.C. Cir., Kiyemba I, Kiyemba II, and Iranian properties)

Federal Circuit (autism/vaccination, Medtronic, written description, and best mode)

Thanks to Topix for many of these links.

*Available online last week, but dated later.

**The Eighth Circuit website says: "Counsel's attention is directed to Rules 25A, 25B and 28A" (e-filing now mandatory).

Short Circuits

News from around the circuits, posted last week and linked below by topic or party.  For the latest headlines, click here (Appellate Daily on Twitter).

First Circuit (ex-hospital CEO)

Second Circuit (ladies night and ex post facto clause/circuit split)

Third Circuit (G-20 protesters, Fort Dix Five, ERISA, Doo-Wop, and mental competency hearing)

Fourth Circuit (Rosetta Stone/Google and Baltimore Ravens logo)

Fifth Circuit (Skilling, Islamic charity, and junked vehicle)

Sixth Circuit (fraternity/wrongful death, Illinois Central Railroad, arson, and Wal-Mart superstore)

Seventh Circuit (gas markup, U-funded prayer activities, real estate agent, experts/foreign law, and Judge Posner)

Eighth Circuit (summer camp/copyright, drug convictions, and ballot access)

Ninth Circuit (Eminem, water in desert, Ruby Pipeline, dying son, AZ immigration/other states, ADA, ecstasy smuggler, Prop. 8/state officials, hate crime, and grazing)

Tenth Circuit ($926M contamination award, agreement/legal fees, ex-state official, and suspended attorney)

Eleventh Circuit (Cuba/academic travel, homeless feeding restrictions, ex-Governor, ex-HealthSouth CEO, real estate agent, and disbarred lawyer)

DC Circuit (stem cell research, stem cell research-panel, detainee/diminished precedent, and legal fees dispute)

Federal Circuit (Microsoft, bow ties/false marking-see also audio below, second story, patent misuse, Eli Lilly, Eli Lilly-2, successor liability, patent rights, and Google AdWords-Lexis audio, third story)

Thanks to Topix for many of these links.

Short Circuits

News from around the circuits, posted last week and linked below by topic or party.  For the latest headlines, click here (Appellate Daily on Twitter).

First Circuit (hangar demolition and music downloader)

Second Circuit (climate change/SG brief, KPMG, fleeting expletives, attached funds, discount window borrowing and related stay request, NYPD Blue, bankruptcy commencement,* Blackstone, prisoner litigation, and music license fees)

Third Circuit ($33B wireless auctions, medical monitoring, and bankruptcy stats*)

Fourth Circuit (alcohol ad ban and asylum)

Fifth Circuit (Tyler Perry, en banc quorum, $2.4M welding rod verdict, biofuels fraud, membership discount programs, and gender discrimination)

Sixth Circuit (pharma negligence, rights re: autopsy, asylum, delayed decision, Blakely/habeas, and inmate rape)

Seventh Circuit (Medicare/circuit split, race/nursing home, and cop beating)

Eighth Circuit (judicial restrictions, zombies, billboard extensions, hostile working environment, and evangelist)

Ninth Circuit (Wal-Mart, AZ immigration brief, Super Bowl threats, defamation/ABC, religious organization employees, Victoria's Secret, and Endangered Species Act)

Tenth Circuit (conference/Justices Ginsburg and Sotomayor, see video below, and age discrimination)

Eleventh Circuit (Judge Birch retirement/judicial vacancies, homosexual counseling, and ex-county commissioner)

DC Circuit (USS Cole bombing, ozone standards, detainees, and lawyers as creditors)

Federal Circuit (Eli Lilly, autism/vaccination, and engineering details)

Other (video presentations by Justices Ginsburg and Sotomayor)

Thanks to Topix for many of these links.

*Available online last week, but dated after.

Short Circuits

News from around the circuits, posted last week and linked below by topic or party.  For news posted today (and daily updates during the week), click on this link or follow @AppellateDaily on Twitter.

First Circuit (stay/DOMA and DNA/Fourth Amendment)

Second Circuit (foreign countries/property tax, iPhone recording, conflict of interest, ex post facto clause, and sex abuse documentary)

Third Circuit (fraud-created market theory, credit report, blueberry farmers, insurance, soldier's electrocution, bail denial/honest services fraud, and campus speech code)

Fourth Circuit (Moussaoui)

Fifth Circuit (drilling moratorium hearing and inmate mistreatment)

Sixth Circuit (diet drug, health care fraud, and mortgage fraud)

Seventh Circuit (bankruptcy fraud, pro se success, Children's Motrin, wealthy nominee, Conrad Black, gun shop, and judicial candidates/abortion)

Eighth Circuit (intracircuit funeral protest law)

Ninth Circuit (Prop. 8-stay, Prop. 8-Imperial County, Stolen Valor Act, $29M fee reversal, grocery stores/antitrust, felon inmate voting, Pacific salmon, and logging roads/pollution)

Tenth Circuit (roadside crosses, RCRA, Stolen Valor Act, and school principal)

Eleventh Circuit (term "boy"/discrimination, international parental kidnapping, ex-lawmaker, and chemical agents/mentally ill inmates)

DC Circuit (renounced citizenship and Solon/Freud)

Federal Circuit (internet church, means-plus-function, and TruePosition)

Thanks to Topix and How Appealing for many of these links.

Short Circuits

News from around the circuits, posted last week and linked below by topic or party.  For daily news updates, follow @AppellateDaily on Twitter.

First Circuit (Armenian genocide/curriculum, hockey dad appeal, mental illness/habeas, and honest services fraud)

Second Circuit (ACORN, protective order, and Oneida Indians)

Third Circuit (securities fraud, music promoter, SCT report card-Part I,* SCT report card-Part II, and honest services fraud)

Fourth Circuit (restroom towel dispenser and death sentence)

Fifth Circuit (sanction order, Roger Clemens, single-gender classes, Fourth Amendment, police dept./discrimination, Hurricane Katrina/insurance,* tobacco settlement, mental disability/death sentence-1, and mental disability/death sentence-2)

Sixth Circuit (pregnant welder, honest services fraud, officer turned robber, wrongful conviction, and wrongful death)

Seventh Circuit ($1.67B blunder, threatened judges, and trucking/insurance)

Eighth Circuit (Sierra Club, military/discrimination, police shooting-1, police shooting-2, investment scheme, and mental disability/death sentence)

Ninth Circuit (Prop. 8, $22M fee swing, AOL/trademark-audio (beg.), alien smuggling/sentencing, logging, amicus brief/AZ immigration, wild horse roundup, and marijuana advocate)

Tenth Circuit (Osage Nation/taxation and trucking)

Eleventh Circuit (Hitler-era bond default, ex-politician, and sewer scandal)

DC Circuit (circuit split)

Federal Circuit (joint infringement and process patents)

Thanks to Topix and How Appealing for many of these links.

*Dated prior to last week.

Short Circuits

News from around the circuits, posted last week and linked below by topic or party.  For daily news updates, follow @AppellateDaily on Twitter.

First Circuit (prescriber info and Native land)

Second Circuit (Wall Street, Wyeth, Chevron, Argentine assets, pager records, delayed nominee, CO2/cert petition-audio (beg.), firefighter test, field hockey coach, and air pollution)

Third Circuit (headscarves, jailed rape victim, medical device/preemption, frivolous appeal sanction, police shooting/insurance, and GMAC)

Fourth Circuit (confirmed nominee)

Fifth Circuit (drilling moratorium judge, impeachment trial, recording without consent, and resentencing)

Sixth Circuit (asylum, former Councilwoman, vote on nominee, death row inmate, property-damaging search, and deportation/woman shackled during labor)

Seventh Circuit (B-O-L-O-G-N-A, kidnapping/life sentence, and qualified immunity)

Eighth Circuit (judicial conference*)

Ninth Circuit (Prop. 8, delayed nominee, mustang roundup, UNLV, VeriSign, and Glacier Northwest)

Tenth Circuit (whistleblowers and former chief judge)

Eleventh Circuit (fraternity stabbing, honest services fraud, mining, and state campaign finance)

DC Circuit (GTMO trial, Uighur detainees, GPS surveillance, National Parks/First Amendment, organic growers, and whistleblowers)

Federal Circuit (recusal request, Agent Orange, false marking, op-ed/former chief judge-via Patently-O, divorce and patents, Cingular Wireless, and infringement contempt motion)

Other (Kagan swearing-in and Prop. 8-SCT preview)

Thanks to Topix and How Appealing for many of these links.

*Posted prior to last week.

Short Circuits

News from around the circuits, posted last week and linked below by topic.  For news updates during the week, follow @AppellateDaily on Twitter.

First Circuit (cert petition)

Second Circuit (NYC taxis, NYPD Blue, and campaign finance)

Third Circuit (unnumbered guns, trade secrets, local immigration law, and motorsports/antitrust)

Fourth Circuit (SSN privacy and air pollution)

Fifth Circuit (affirmative action-via SCOTUSblog, FEMA trailers, air pollution, prisoner beating, and university speech policy)

Sixth Circuit (mortgage securities, resentencing, and judicial elections)

Seventh Circuit (judge removal, insurance, and excessive damages)

Eighth Circuit (judicial elections, witness credibility, and traffic fines)

Ninth Circuit (AZ immigration law, Chipotle/ADA, Egyptian air passengers, Juneau Access Project-audio, start 4:23, geothermal development, jury selection, brothel ads, panhandling ban, admissions policy, Office of Hawaiian Affairs, and online video sites)

Tenth Circuit (BP/removal and Migratory Bird Treaty Act)

Eleventh Circuit (class actions, sex harassment, child porn sentence, campaign finance, homeless ordinance, and med-mal exemption)

DC Circuit (Bagram, GTMO, false statements, HazMat endorsement, and pesticide*)

Federal Circuit (cancer drug, safety needles, medical methods, and nominee hearing)

Other (pending judicial nominations).

Thanks to Topix and How Appealing for many of these links.

*Dated prior to last week.

Short Circuits

News from around the circuits, posted last week and linked below:

First Circuit (ex-hospital CEO)

Second Circuit (ex-NYPD and trademark*)

Third Circuit (media ownership, ethics complaint gag rule, sex discrimination, oversized filing, and ex-political aide/supporters)

Fourth Circuit (sore loser statute)

Fifth Circuit (Deepwater explosion judge and charter school)

Sixth Circuit (sentencing, sex history in rape case, death row inmate, and pro se success)

Seventh Circuit (e-discovery,* Senate elections, Conrad Black, and ex-Alderman)

Eighth Circuit (sex offender pic possession and Mann Act)

Ninth Circuit (Barbie and Bratz, cyclist, killer's pension claim, credit cards, land use, brothel owner, and reptile smuggler)

Tenth Circuit (The Howling Pig, ex-Qwest CEO, and land use)

Eleventh Circuit (smoker suits)

DC Circuit (lawyers and FTC regulations, Apache gas royalties, sex offender computer limits, indexed annuities, and trucking regulations)

Federal Circuit (patent)

Other (circuit court citation of legal scholarship;** for full draft article, use "One-Click Download" from abstract page).

Thanks to Topix and How Appealing for many of these links.

*Available online last week, although dated later.
**Dated prior to last week.

Short Circuits

In last week's news coverage, two circuit courts stood out: the Second Circuit, rejecting the FCC's indecency policy, as well as the DC Circuit (and the Supreme Court, in turn), ruling and receiving filings in detainee cases.  Second Circuit news also included an interesting grab bag of topics, from state campaign finance to Chevron's dispute with a filmmaker, from No Child Left Behind to cigars, and more.  Meanwhile, Third Circuit reporting highlighted an ERISA/bankruptcy decision, called "a huge win for labor" and a sharp departure from the previous trend.  Outlets covered Fourth and Sixth Circuit cases addressing the First Amendment, in relation to airport sales of newspapers and judicial elections, respectively, while Seventh Circuit news showcased an Easterbrook/Posner disagreement as to the anonymity of the Blagojevich jurors.  These and other circuit news items from last week appear below:

First Circuit (link here)
Second Circuit (link here, here-video, here, here, here, here, here, and here)
Third Circuit (link here,* here, here, here, and here)
Fourth Circuit (link here, here, and here)
Fifth Circuit (link here and here)
Sixth Circuit (link here, here, here, here, and here)
Seventh Circuit (link here, here, here-via Above the Law, and here)
Eighth Circuit (link here)
Ninth Circuit (link here, here, here, here, here, here, and here)
Tenth Circuit (link here)
Eleventh Circuit (link here and here)
DC Circuit-detainees (Lyle Denniston for SCOTUSblog, link here, here, here, here, here, and here)
DC Circuit-other (link here, here, here, here,* and here)
Federal Circuit (link here-redesigned court website launched last week, here, and here).

Thanks to Topix, SCOTUSblog, and How Appealing for many of these links.

*=Dated this week, but available online last week.

Short Circuits

Last week, the following news items issued about the federal appellate circuits:

First Circuit (link here and here)
Second Circuit (link here, here, here, here-subscriber content, here, here, and here)
Third Circuit (link here,* here, here, and here)
Fourth Circuit (link here, here, here, and here)
Fifth Circuit (link here,* here,* here, here, here, and here)
Sixth Circuit (link here* and here)
Seventh Circuit (link here, here, here, and here)
Eighth Circuit (link here, here, here, here, and here)
Ninth Circuit (link here, here, here, here-via Above the Law, here, here, here, here, here, and here)
Tenth Circuit (link here, here, here, and here)
Eleventh Circuit (link here)
DC Circuit (link here, here, here, here, and here)
Federal Circuit (link here and here-headline re: Cisco).

Thanks to Topix and How Appealing for many of these links.

*Dated today, but available online last week.