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Ray
New Orleans, Louisiana, Earth
Interests: especially walker percy and (lately) flannery o'connor., southern writers
Recent Activity
Today the Louisiana Second Circuit announced a few amendments to the Uniform Rules. If you need a copy, click here to download the PDF. Here is my take on the amendments: Rule 2-18.2, governing the time to apply for rehearing, has been updated to accommodate electronic notification of the court’s... Continue reading
Posted Oct 15, 2014 at Louisiana Civil Appeals
Today the U.S. Fifth Circuit posted this notice regarding tabs in record excerpts: Fifth Circuit Rule 30.1.7 provides that the electronic PDF version of the record excerpts should contain pages representing the “tabs” identified in the index of the document. However, we remind attorneys that the paper copies of record... Continue reading
Posted Oct 15, 2014 at Louisiana Civil Appeals
I am no expert in drafting contracts; that expert is Ken Adams. But this post of his resonates with me as a briefwriter. I don’t like boilerplate anything in persuasive writing. Why? Because nobody reads boilerplate. If you have not put any thought into the sentence, if you have not... Continue reading
Posted Oct 13, 2014 at Louisiana Civil Appeals
Tip of the day for appellate lawyers: handle the court’s record with care. Try to avoid spilling coffee or Diet Coke on it. And if you smoke, well, heed n. 1 in this recent decision by an Indiana appellate court: We note, as we have in a prior memorandum decision,... Continue reading
Posted Oct 10, 2014 at Louisiana Civil Appeals
Bryan Garner tells participants in his seminars that good writing makes the reader feel smart, while bad writing makes the reader feel stupid. What is the root of this kind of bad writing? Mark Herrmann has an idea about that, drawn from cognitive scientistSteven Pinker: we think that our readers... Continue reading
Posted Oct 8, 2014 at Louisiana Civil Appeals
If so, take a look at this bit of wisdom shared by Mark Herrmann. As for me: I like where I am. I didn’t get here with circuit court or Supreme Court credentials (I don’t have any); just an aptitude for the work coupled with years of experience. My only... Continue reading
Posted Sep 22, 2014 at Louisiana Civil Appeals
Our friends at Texas Appellate Watch report on proposed amendments to Fed. R. App. P. 32, lowering the word limit for principal briefs from 14,000 to 12,500, and for reply briefs from 7,000 to 6,250. The deadline for comments is February 17, 2015. If you want to comment, click here... Continue reading
Posted Sep 9, 2014 at Louisiana Civil Appeals
Would you like to know the writ-grant rates in the Louisiana Supreme Court and the five Louisiana courts of appeal? The numbers are published in the Louisiana Supreme Court’s Annual Report for 2013. The report is a treasure chest of information about the operation of Louisiana’s courts. But for appellate... Continue reading
Posted Sep 9, 2014 at Louisiana Civil Appeals
If you want to research the background of a federal judge, either on a district court or on the U.S. Fifth Circuit, check out the U.S. Senate Judiciary Committee’s web site. There, you will find oodles of public information about judicial nominees. Under the Nominations tab, select Judicial Nominations to... Continue reading
Posted Aug 25, 2014 at Louisiana Civil Appeals
Here is an interesting decision on one of the finer points of federal appellate jurisdiction. In Murchison Capital Partners, L.P. v. Nuance Communications, Inc., No. 13-10852 (5th Cir. July 25, 2014), the court holds that it does not have appellate jurisdiction to review a district court’s order remanding a case... Continue reading
Posted Aug 6, 2014 at Louisiana Civil Appeals
In case anyone needed a reminder about the district court’s standard of review in an ERISA case, the U.S. Fifth Circuit recently drove the message home, with some harsh words for the district judge: It apparently bears repeating here that district courts hearing complaints from disappointed ERISA plan members or... Continue reading
Posted Aug 5, 2014 at Louisiana Civil Appeals
If you’re looking for CLE focused on appellate practice, I have two suggestions: On September 12, the Louisiana State Bar Association is offering six hours of appellate CLE, including one hour of ethics. The program is titled Motion Commotion and Appellate Review: Tips from the Bench and Bar. It will... Continue reading
Posted Jul 22, 2014 at Louisiana Civil Appeals
How do you pronounce certiorari? However you pronounce it, you are probably neither right nor wrong. Our friends at Legal Writing Prof Blog explain. In high school, I learned that we really don’t know how the Romans pronounced Latin. For instance, when Julius Caesar said, “Veni, vidi, vici,” it may... Continue reading
Posted Jul 10, 2014 at Louisiana Civil Appeals
Here is a briefwriting tip courtesy of Senior Judge Laurence Silberman of the D.C. Circuit: avoid overuse of uncommon initialisms. Petitioner’s brief, unfortunately, was laden with obscure acronyms notwithstanding the admonitions in our handbook (and on our website) to avoid uncommon acronyms. Since the brief was signed by a faculty... Continue reading
Posted Jul 8, 2014 at Louisiana Civil Appeals
I just noticed that the Louisiana Fifth Circuit has redone its web site. Besides updating the look, the court has endeavored to “allow[ ] this website, when viewed on any mobile or tablet device, to recognize and adjust to that devices screen size and resolution.” I look forward to putting... Continue reading
Posted Jul 1, 2014 at Louisiana Civil Appeals
Dear friends: I just discovered that, for some reason, I have been missing the e-mails that I am supposed to get from TypePad alerting me that a comment awaits approval. This morning I discovered several legitimate comments here and on my other blog that I had been unaware of. I’ve... Continue reading
Posted Jun 29, 2014 at Louisiana Civil Appeals
Over at LawProse, Bryan Garner provides a useful outline for structuring an argument involving statutory interpretation. Continue reading
Posted Jun 27, 2014 at Louisiana Civil Appeals
The Louisiana First Circuit announced today that e-filing there will be available starting this Monday, June 16. To learn how the system will work, read newly adopted Local Rule 8 and the court’s FAQ sheet. One requirement the First Circuit will have that I have not yet seen elsewhere is... Continue reading
Posted Jun 11, 2014 at Louisiana Civil Appeals
That last post about the DRI Appellate Advocacy Seminar was my 100th on this little blog. The first post was on October 22, 2012, so it took 522 days to get here—a little over one post per week. Thanks to everyone who has visited and everyone who has subscribed to... Continue reading
Posted Jun 2, 2014 at Louisiana Civil Appeals
As a long-time member of the DRI Appellate Advocacy Committee, I invite you to join us at the upcoming DRI Appellate Advocacy Seminar, scheduled for June 17–18 in Chicago. The seminar will include a live oral argument on a class-action fact pattern before a panel of federal judges, an in-house... Continue reading
Posted Jun 2, 2014 at Louisiana Civil Appeals
The Louisiana Second Circuit has adopted a new schedule of filing fees to take effect July 1. It also lists the numbers of copies for motions, briefs, writ applications, and rehearing applications. It’s not posted on the court’s web site yet, but you can get a preview by clicking here. Continue reading
Posted Jun 2, 2014 at Louisiana Civil Appeals
If you register for e-filing with the Louisiana Supreme Court, here is a tip that may save you some time: You must enter your contact information exactly as it appears in the Louisiana State Bar Association’s membership directory. If your e-file registration information does not match your LSBA directory information... Continue reading
Posted May 20, 2014 at Louisiana Civil Appeals
I just did a little tidying up of my appellate blogroll, which you’ll find in the right column near the bottom. I deleted some blogs that have not been updated in more than two months. And I added the IMLA Appellate Practice Blog, produced by the International Municipal Lawyers Association.... Continue reading
Posted May 14, 2014 at Louisiana Civil Appeals
If you have any cases that have already been orally argued in the Louisiana Supreme Court, you should check the Court’s latest press release. I counted 19 opinions released today. Continue reading
Posted May 7, 2014 at Louisiana Civil Appeals
This afternoon, I co-presented an hour of CLE on appellate practice for the Louisiana State Bar Association’s “Bridging the Gap” seminar, a program for newly minted lawyers who passed the February 2014 bar exam. For attendees and anyone else who may be interested, here are some supplemental materials used or... Continue reading
Posted May 6, 2014 at Louisiana Civil Appeals