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Selections from National Law Journal Daily Headlines June 22, 2009

By David Badertscher, PLL

Source: NLJ.com, June 22, 2009.

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Sotomayor, word by word

"2d Circuit Judge Sonia Sotomayor's thoroughness usually finds its way into her writing and offers partial explanation for what some see as a weak spot: long, plodding opinions that review every moment in the case history and cite, explore and dispose of every point made in the briefs and arguments."

Veterans' preference imperiled

"At stake in a challenge before the Federal Circuit is the survival of veterans' preferences ? a bedrock of federal employment law for 60 years".

Big class actions against the feds may falter

"A case quietly winding through the federal courts in Washington could dramatically change the rules for plaintiffs across the country who file big-money class actions against the federal government. Pending and future class actions may be chopped down to size if the U.S. Court of Appeals for the Federal Circuit agrees with the Justice Department's strict interpretation of a six-year statute of limitations"

Stage set for litigation over judicial recusal

"The U.S. Supreme Court's ruling in Caperton v. Massey has prompted the American Bar Association and several states to consider stricter rules to help elected judges decide whether to step down from cases due to conflicts of interest born of campaign contributions. The proposals, if adopted, could prompt lawsuits from campaign contributors who fear that the changes would discourage participation in judicial races in violation of the First Amendment.. "

Help is nigh on the student loan front

"A new federal program intended to help borrowers manage their student debt goes into effect on July 1. The College Cost Reduction & Access Act will cap monthly loan payments according to income and forgive student debt balances after designated periods of time. For attorneys, the main beneficiaries will be those who go on to have long-term public interest careers. But the program will also make loan payments more affordable for all attorneys with high debt loads and relatively low incomes."

9th Circuit finds no First Amendment violation in teacher's demotion over blog comments

"Delivering a blow to bloggers' rights, a federal appeals court has ruled that a Washington state teacher's blog attacking co-workers, the union and the school district was not protected speech, and therefore she was not unlawfully demoted over it. The 9th Circuit found that Tara Richerson's speech was disruptive, eroded work relationships and interfered with her job performance, which involved mentoring teachers. The court also found her speech was 'racist, sexist, and bordered on vulgar.' "

Battle heats up in New Hampshire over surplus medical malpractice funds

"Nixon Peabody is helping New Hampshire health care providers mount a massive legal fight against state agencies and officials to bar the transfer of surplus funds from the state's medical malpractice association to the general fund to pay for programs that expand access to health care."

 

OPINION

The 'Latina woman' comment

"The 'Latina woman' comment has thus far framed the opposition to the confirmation of Sonia Sotomayor. If that's all the opposition has, Sotomayor will be the 111th justice of the United States. Was it right then for the president to opine that the judge, if she had a do-over, would in fact 'restate' the now famous remark?"

 

Full post as published by New York Supreme Court Criminal Term Library on June 22, 2009 (boomark / email).