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Ray
New Orleans, Louisiana, Earth
Interests: especially walker percy and (lately) flannery o'connor., southern writers
Recent Activity
Electronic notices from the Louisiana First Circuit
This post is the second in a series on monitoring case developments in Louisiana appellate courts. Last Tuesday, we looked at the Louisiana Supreme Court. Today we look at the Louisiana First Circuit. The First Circuit offers lawyers practicing before it the option of receiving e-mail notices from the court... Continue reading
Posted 4 days ago at Louisiana Civil Appeals
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How I monitor the Louisiana Supreme Court
Posted 6 days ago at Louisiana Civil Appeals
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Pardon my shameless self-promotion.
Yesterday the good folks at Law360 Appellate published this little Q&A with yours truly. Reading it requires either a subscription or a one-time free registration in which they collect your name and e-mail address.1 Among the more interesting questions they asked: What aspects of your practice area are in need... Continue reading
Posted May 10, 2013 at Louisiana Civil Appeals
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Why I blog about things I barely know
Today’s Daily Meditation by Henri Nouwen describes the satisfaction I get from blogging: Often we think that we do not know enough to be able to teach others. We might even become hesitant to tell others what we know, out of fear that we won’t have anything left to say... Continue reading
Posted May 8, 2013 at Louisiana Civil Appeals
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For appellate lawyers: how to brief preservation of error
Over at Texas Appellate Watch, Rich Phillips has a useful tip for briefing the appellate court on preservation of error. In short: describe each instance where the issue was raised in the trial court and shot down by the trial judge. Not just the first intance or the last instance,... Continue reading
Posted May 7, 2013 at Louisiana Civil Appeals
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Ken Adams has an an interest commentary on this decision.
For punctuation geeks, an interesting decision by the U.S. 2nd Circuit
Does a modifying phrase following a list of nouns or phrases modify each item on the entire list, or only the last item? That depends on whether the modifying phrase is separated from the last item by a comma. So concluded the U.S. Second Circuit in AIG v. Bank of America, decided April 19. Writ...
For RSS readers, I recommend Feedly.
For reasons known only to themselves, the good folks at Google are cancelling the Google Reader come July. If you have been using Google Reader to follow blogs (including this one), and if you are still looking for another reader, then I recommend Feedly. I have been giving it a... Continue reading
Posted Apr 25, 2013 at Louisiana Civil Appeals
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Michael, you may be right. I just checked Garner’s Modern American Usage, but found no answer to this question.
My call: In this context, “Blind Boys of Alabama” is a singular noun referring to the group as a whole. So to form the possessive, follow the ordinary rule: add an apostrophe-s to the end. Thus, “Blind Boys of Alabama’s version of ‘Amazing Grace.’”
But what if we’re talking about, say, a song by the Animals? I would follow the rule for possessive plurals and write “the Animals’ version of ‘House of the Rising Sun.’” Consistent? No. But who says that language is always logical?
What is the possessive of “Blind Boys of Alabama”?
Over on a certain social-networking site, I referred to “The Blind Boys of Alabama’s version of ‘Amazing Grace.’” Which got me to wondering whether I put the apostrophe-S in the right spot. Should it be “Blind Boys’ of Alabama”? What do you think? While you’re thinking about it, here is the song...
This definition comes from Ambrose Bierce’s The Devil’s Dictionary, which you can find at http://www.alcyone.com/max/lit/devils/.
Not the definition of “appeal”
I realize that Ambrose Bierce strove for satire when defining things. So I don’t take seriously his definition of appeal: “v.t.: In law, to put the dice into the box for another throw.” While that may describe the appellant’s hope for the appeal’s outcome, the appellant must remember that, for m...
Not the definition of “appeal”
I realize that Ambrose Bierce strove for satire when defining things. So I don’t take seriously his definition of appeal: “v.t.: In law, to put the dice into the box for another throw.” While that may describe the appellant’s hope for the appeal’s outcome, the appellant must remember that, for... Continue reading
Posted Apr 22, 2013 at Louisiana Civil Appeals
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Can denial of summary judgment be appealed? No—unless ...
(Warning: The following post proves that there is no appellate procedural issue too arcane for this blog.) Can a party appeal a denial of summary judgment? Can a trial court designate a denial of summary judgment as final and immediately appealable? According to the Code of Civil Procedure, the answer... Continue reading
Posted Apr 18, 2013 at Louisiana Civil Appeals
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Forms for your next federal appeal
Today I was asked whether I had a form for the certificate of compliance with Fed. R. App. P. 32(a), required for most federal appellate briefs. Although I did not have a form handy, a quick Google search turned up this useful page of appellate forms provided by the U.S.... Continue reading
Posted Apr 17, 2013 at Louisiana Civil Appeals
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I don’t know. But I do know that it’s a matter of corporations law, not legal writing.
My first Scribes board meeting
I just returned from my first meeting as a member of the Scribes board of directors. I knew that these were my kind of people, but I had no idea how much so until I read the minutes from last year’s meeting, which included this item: Approval of minutes: Mark moved and Beth seconded the motion t...
Yes, as a matter of fact. A party can file a motion to have an otherwise non-final judgment certified for immediate appeal under La. Code Civ. P. art. 1915(B) (our equivalent to Fed. R. Civ. P. 54(b). And there is no time limit on the filing of the motion. See Fraternal Order of Police v. City of New Orleans, 831 So. 2d 897 (La. 2002).
Another lessson on the form of an appealable judgment
A recent decision by the Louisiana Third Circuit provides another lesson on the proper form of a final, appealable judgment. The judgment decreed: IT IS HEREBY ORDERED, ADJUDGED AND DECREED, that the Lafayette Parish School Board’s Motion for Partial Summary Judgment is granted. The plaintiff ap...
Another lessson on the form of an appealable judgment
A recent decision by the Louisiana Third Circuit provides another lesson on the proper form of a final, appealable judgment. The judgment decreed: IT IS HEREBY ORDERED, ADJUDGED AND DECREED, that the Lafayette Parish School Board’s Motion for Partial Summary Judgment is granted. The plaintiff appealed, but the Third Circuit... Continue reading
Posted Apr 4, 2013 at Louisiana Civil Appeals
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How to suggest changes to the Uniform Rules for La. Courts of Appeal
Judge Vanessa Whipple (La. 1 Cir.), chair of the Uniform Rules Committee for the Louisiana Courts of Appeal, recently informed members of the LSBA Appellate Section that the next committee meeting is scheduled for April 5. If you have any ideas for rule amendments that you’d like the committee to... Continue reading
Posted Mar 16, 2013 at Louisiana Civil Appeals
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Interesting, Maybe JP1 he needed the number because he was combining the names of the prior two popes.
Why the new pope does not need a Roman number
Query: Should the new pope be called Francis I, or just Francis? I think the Roman number will be unnecessary. There has been no other Pope Francis. So there is no need for a number to differentiate him from other Pope Francises. To call him Francis I would be like referring to a man as “Sr.” be...
A quotable quotation by Justice Dennis:
“A party who is satisfied with a judgment, and who does not file a notice of appeal or a petition for review, is, nevertheless, a party to the appeal or review whose arguments must be heard, and in support of the judgment in his favor he may present any argument supported by the record, whether it was ignored, or flatly rejected, by the court below. This principle generally applies to all manner of review proceedings, although the discretionary nature of the grant of certiorari by a supreme court may make its application less certain in certiorari cases.”
Roger v. Estate of Moulton, 513 So. 2d 1126, 1136 (La. 1987) (on rehearing). See also RPM Pizza, Inc. v. Automotive Cas. Ins. Co., 601 So. 2d 1366, 1370 (La. 1992).
Article 2133(B): The appellee’s secret weapon
Ask me the easiest way to win an appeal, and I’ll answer, “Represent the appellee.” Depending on the issue, the appellee often benefits from deferential standards of review. But one of the appellee’s greatest advantages is one I seldom see lawyers use: Code of Civil Procedure art. 2133(B). This ...
Article 2133(B): The appellee’s secret weapon
Ask me the easiest way to win an appeal, and I’ll answer, “Represent the appellee.” Depending on the issue, the appellee often benefits from deferential standards of review. But one of the appellee’s greatest advantages is one I seldom see lawyers use: Code of Civil Procedure art. 2133(B). This provision... Continue reading
Posted Mar 9, 2013 at Louisiana Civil Appeals
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Plain English jury instructions for Louisiana: Your chance to comment
Both trial and appellate lawyers should be interested in this item. The Louisiana Supreme Court Committee to Study Plain Civil Jury Instructions has drafted proposed opening instructions for all cases, proposed interim instructions on selected issues, and proposed closing instructions for most cases. The proposed instructions will available on the... Continue reading
Posted Feb 20, 2013 at Louisiana Civil Appeals
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Hit it, sort of. The opinion that this headnote comes from is a per curiam, with Judge Selya not on the panel. But it quotes U.S. v. Zannino, 895 F.2d 1, which was written by Judge Selya.
Anyone want to bet that this opinion is not by Judge Selya?
Here is West’s Headnote of the Day: It is not enough merely to mention a possible argument in a brief in the most skeletal way, leaving the court to do counsel’s work, create the ossature for the argument, and put flesh on its bones. Alejandro-Martinez v. Ortiz-Vazquez, 485 Fed.Appx. 441 (1st Ci...
Thanks, Susan. There are actually two important lessons in K.A.E.M. v. J.C.M. One is the point that you mentioned. The other is that, when the court of appeal’s rules don’t allow for a rehearing, applying for rehearing will not interrupt the 30-day time limit to apply to the La. Supreme Court for a writ.
The most significant decision on Louisiana appellate procedure
Recently for a marketing piece, I was asked to answer the question, “What is an important case relevant to your practice area and why?” The answer I came up with is Gonzales v. Xerox Corp., 320 So. 2d 163 (La. 1975). At the risk of over-simplifying, Gonzales holds that, when an appellate court r...
Actually my clients are litigation-savvy. They know what can and can’t be done on appeal.
How long will this appeal take?
I’m often asked by a client or a colleague how long the overall appeal process will take, or how long a particular piece of it will take (e.g. how long after oral argument will the court render a decision). Although I can never answer such questions precisely, I have a reasonable basis for makin...
The most significant decision on Louisiana appellate procedure
Recently for a marketing piece, I was asked to answer the question, “What is an important case relevant to your practice area and why?” The answer I came up with is Gonzales v. Xerox Corp., 320 So. 2d 163 (La. 1975). At the risk of over-simplifying, Gonzales holds that, when... Continue reading
Posted Feb 8, 2013 at Louisiana Civil Appeals
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Rest in peace, Rene.
Some sad news to report: about a week ago, Rene deLaup passed away. He was active in the Louisiana State Bar Association. Among other things, he was the founding president of the LSBA’s Appellate Section. Here is a link to the Times-Picayune’s obituary. Continue reading
Posted Feb 2, 2013 at Louisiana Civil Appeals
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