Archive for June, 2010

GOP Takes 2nd Round: ‘Don’t Ask, Don’t Tell,’ Military Recruiting (Podcast)

Wednesday, June 30th, 2010

Kagan Finishes Hearings with Praise from Both Parties, and ‘Concern’ From Republicans

Wednesday, June 30th, 2010
Corrected: The Senate Judiciary Committee on Wednesday evening finished its questioning of Elena Kagan, with Republicans continuing several lines of attack but appearing unlikely to derail her confirmation to the U.S. Supreme Court. Senate Judiciary Committee Chairman Patrick Leahy, D-Vt., praised Kagan’s legal mind and openness. “I really wish I could be back in law school taking a course with you,” Leahy said at the end of the day. He had earlier announced that the hearing would go into the usual closed-door session Wednesday evening with the nominee to go over background reports and other confidential matters. The hearing will…

Appeals Court Nixes ‘Paramour’ Ban on Longtime Same-Sex Partner in Parenting Plan

Wednesday, June 30th, 2010
Banning the longtime lesbian partner of a child's mother from living in her home while her 15-year-old daughter is there is unnecessary and may not be in the best interest of the child, a Tennessee appeals court ruled yesterday. Nixing, for the second time, the "paramour" provision imposed by a Gibson County judge of his own volition, the appeals court said the judge abused his discretion, according to the Associated Press and the Tennessean. Angel Chandler's ex-husband did not seek the ban, and the two had agreed on a plan in which their 15-year-old daughter would live with her mother…

Pacific Law Center to Close; My Dream Became a Nightmare, Controlling Lawyer Says

Wednesday, June 30th, 2010
Kerry Steigerwalt had a dream that he could turn the troubled Pacific Law Center around. But today the veteran defense attorney announced that he is closing the San Diego-based consumer law firm he purchased a little over two years ago, describing it as a "management nightmare," according to NBC San Diego. All existing clients will be taken care of, but the firm won't be accepting any new ones, Steigerwalt says. The firm has about 20 lawyers and nearly 90 staff members in three California offices. Earlier coverage: ABAJournal.com (April 2008): "New Pacific Law Center is Dealing With Old Problems" ABAJournal.com…

Scottie Pippen Scores $2M Verdict in Law Firm Malpractice Case

Wednesday, June 30th, 2010
He was seeking $8 million. But a jury awarded former Chicago Bulls star Scottie Pippen $2 million this week in his legal malpractice claim against a Windy City law firm, reports the National Law Journal in an article reprinted in New York Lawyer (reg. req.). "It was not all that we asked for, but it was not an insignificant amount," says Pippen's attorney, George Spellmire, of the jury verdict against Pedersen & Houpt in the Cook County Circuit Court case. The lawsuit revolved around an ill-fated deal to purchase a 2002 Gulfstream jet. Pippen contended that Pedersen & Houpt didn't…

Sessions to Kagan: Tell Us About Appealing ‘Don’t Ask, Don’t Tell’ Cases

Wednesday, June 30th, 2010
The Republicans began their second round of questioning Elena Kagan, and the big question was whether there will be a repeat of Tuesday’s fireworks between the nominee and Sen. Jeff Sessions of Alabama. Kagan maintained a stony, grim expression as Sessions, the ranking Republican on the Judiciary Committee, began questioning her on two federal court cases involving the military’s “don’t ask, don’t tell” policy in which she has played a role as U.S. solicitor general since last year. Sessions noted that despite her personal opposition to the military policy, which is also enshrined in federal law, Kagan had pledged during…

‘Ungainly’ Phillie Phanatic Bumps into Lawsuits

Wednesday, June 30th, 2010
The Phillie Phanatic’s Supreme Court connections haven’t spared the lovable baseball icon from becoming perhaps the most sued mascot in the majors. The Philadelphia Daily News calls the Phanatic a “big green litigation machine” and details the latest lawsuit, filed by a woman who claims the mascot injured her knees when he climbed through the stands and onto her legs during a 2008 minor league game. Nova Southeastern University law professor Bob Jarvis gave the Phanatic the title of most-sued mascot in a 2002 law review article, a claim disputed by a Phillies spokeswoman. Jarvis speculated on the reasons why…

Today’s Metaphors: Kagan Advises Democrats About Being an Actor and an Umpire

Wednesday, June 30th, 2010
In questioning from Democratic senators this morning, Elena Kagan suggested that despite her policy experience in the Clinton White House, taking a seat on the U.S. Supreme Court would require her to be “an independent actor.” Sen. Ted Kaufman, D-Del., asked her about how serving on the White House Domestic Policy Council, which Kagan did under President Bill Clinton from 1997 to 1999, would differ from serving on the Supreme Court. “There’s a huge difference,” Kagan said. She noted that she proudly worked on education, tobacco regulation, crime prevention, and other issues as Clinton’s No. 2 domestic-policy aide during those…

Roberts Takes ‘Dominant Role,’ Was Justice Most Often in Majority

Wednesday, June 30th, 2010
Chief Justice John G. Roberts Jr. voted with the majority in 92 percent of the U.S. Supreme Court's cases this term, surpassing Justice Anthony M. Kennedy, who is known as the court’s swing voter. SCOTUSblog crunched the numbers for its “Stat Pack” (PDF) while three newspapers—the New York Times, the Washington Post and the Wall Street Journal have stories evaluating Roberts’ influence. The Times says the court has “fundamentally changed” under Roberts. “Judicial minimalism is gone, and the court has entered an assertive and sometimes unpredictable phase,” the newspaper says. The Post notes Roberts’ “dominant role” and says the court…

GOP Expects to Press Kagan Further as Panel Weighs Schedule Over Byrd’s Funeral

Wednesday, June 30th, 2010
Sen. Jeff Sessions said that he and his fellow Republicans plan to press harder on U.S. Supreme Court nominee Elena Kagan today, the second day of her questioning before the Senate Judiciary Committee. “I think some of the critics are thinking: ‘Who is this nominee?’ ” Sessions, R-Ala., said as the confirmation hearing resumed at 9 a.m. ET. And it remains unclear whether Kagan, who lacks judicial experience, “would be more like John Roberts or Ruth Bader Ginsburg on the bench,” Sessions said. Before Republicans get their second crack at Kagan, however, there are four Democrats on the Judiciary Committee…