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New Orleans, Louisiana, Earth
Civil appellate lawyer
Interests: Blues
Recent Activity
When litigants attempt to appeal a non-appealable judgment, the question rises whether the court of appeal can review the trial court’s judgment under its supervisory jurisdiction. In at least four of the five circuits, the answer is “maybe,” if the motion for appeal was filed within the 30-day period to... Continue reading
Posted 2 days ago at Louisiana Civil Appeals
On a personal note, I'm happy to announce that I passed the exam for certification in appellate practice by the Louisiana Board of Legal Specialization. (What a relief!) Now that I’m over that hump, I hope to return to more regular posting here. Continue reading
Posted 4 days ago at Louisiana Civil Appeals
At Above the Law, inside counsel Mark Herrmann offers 5 tips for briefwriters who are already good at what they do. To read his tips, follow this link. Continue reading
Posted Sep 12, 2016 at Louisiana Civil Appeals
Let me add that there’s nothing preventing the relator from moving for an extension because of an incomplete transcript.
1 reply
Tomorrow is a big day for Louisiana appellate lawyers: it’s exam day for everyone seeking certification in appellate practice by the Louisiana Board of Legal Specialization. They said to bring a black pen; I’ll be bringing a half dozen. Good luck to everyone taking the exam. May we all pass! Continue reading
Posted Aug 5, 2016 at Louisiana Civil Appeals
Ken Adams has a short lesson on spotting and eliminating syntactic ambiguity. “What is this ‘syntactic ambiguity’?” you ask. It’s what happens when the structure of a sentence makes the sentence subject to more than one interpretation. It can be... Continue reading
Posted Aug 5, 2016 at the (new) legal writer
Is a cat A “who” or a “that”? Continue reading
Posted Aug 4, 2016 at the (new) legal writer
Here’s a procedural oddity to start your weekend. Ordinarily, you cannot appeal a denial of summary judgment, not even if the trial court designates it as final under La. Code Civ. P. art. 1915(B). But let’s suppose that the parties file cross-motions for partial summary judgment on a particular issue.... Continue reading
Posted Jul 8, 2016 at Louisiana Civil Appeals
If you’re a Louisiana lawyer looking for appellate CLE, read on. The Louisiana State Bar Association is holding its Appellate Practice Seminar on August 26 in New Orleans. The seminar is co-sponsored by the LSBA’s Appellate Section and its Civil Law and Litigation Section. To view the program schedule and... Continue reading
Posted Jul 5, 2016 at Louisiana Civil Appeals
Last week, the Louisiana Third Circuit released an interesting opinion about a fine point of appellate procedure, State in the Interest of B.R.C., 16-273 (La. App. 3 Cir. 5/25/16). Here’s the set-up. The appeal was brought under Children’s Code art. 332, under which the appeal delay is 15 days from... Continue reading
Posted Jun 2, 2016 at Louisiana Civil Appeals
Our friends at Legal Writing Prof Blog report some sad news: the death of Richard Wydick. He was a renowned law professor and author. His classic, Plain English for Lawyers, was, for many of us, our introduction to good legal... Continue reading
Posted May 17, 2016 at the (new) legal writer
This morning I was privileged to present a one-hour session on appellate practice for the Louisiana state Bar Association’s Bridging the Gap seminar, a program designed for newly sworn-in lawyers. For those who attended, and anyone else who may be interested, here are PDF copies of my presentation and my... Continue reading
Posted May 11, 2016 at Louisiana Civil Appeals
In an appeal, the court reporter can (and often does) request an extension of the return date if the reporter needs more time to complete the transcript. See La. Code Civ. P. art. 2127.2. But what if the transcript is needed for a supervisory-writ application, and the court reporter is... Continue reading
Posted Apr 26, 2016 at Louisiana Civil Appeals
The 2015 edition of the Louisiana Supreme Court’s Annual Report is available on the court’s web site. It is full of statistics useful to appellate lawyers, such as the writ-grant rates in each Louisiana appellate court and numbers of rehearing applications filed and granted. I recommend that you download a... Continue reading
Posted Apr 14, 2016 at Louisiana Civil Appeals
Writers and editors often struggle over whether to insert or delete a comma. Often the choice depends, not on rules, but on what you are trying to say. For example, tonight on a social medium, I shared a post about... Continue reading
Posted Mar 9, 2016 at the (new) legal writer
Here is the useful and beautifully done Punctuation Guide, by Jordan Penn, J.D. (Hat tip to Roy Jacobsen.) Continue reading
Posted Mar 7, 2016 at the (new) legal writer
A recent decision by the Louisiana Fifth Circuit provides a hard lesson in appellate procedure. The lesson: When the clerk of court mails notice of final judgment, the appeal clock is ticking. Neither a request nor an appellate court’s order to provide written reasons for judgment stops the clock. The... Continue reading
Posted Mar 5, 2016 at Louisiana Civil Appeals
If you ever have the need to research the background of U.S. Fifth Circuit judges, check out Ballotpedia’s page on the U.S. Fifth Circuit. There, you will find links to pages on each judge, which in turn contain links to any online information about that judge. Ballotpedia also has a... Continue reading
Posted Feb 26, 2016 at Louisiana Civil Appeals
Before you can appeal, you need an appealable judgment. That is the lesson of two recent cases, one from the Louisiana Fourth Circuit, the other from the U.S. Fifth Circuit. Each provides a lesson in appellate jurisdiction. In Tsegaye v. City of New Orleans, 2015-0676 (La. App. 4 Cir. 12/18/15),... Continue reading
Posted Feb 25, 2016 at Louisiana Civil Appeals
I was recently reminded of an amendment to La. Civ. Code art. 966, effective January 1, 2016, that will affect applications for supervisory writs to review denials of summary judgment. Under art. 966(H), before reversing the denial of a summary judgment and granting summary judgment to dismiss a case or... Continue reading
Posted Feb 24, 2016 at Louisiana Civil Appeals
Does the case you’re briefing have complicated facts? Roy Peter Clark offers 10 tips that will help you make your statement of facts easier for the judges to understand. Continue reading
Posted Feb 17, 2016 at Louisiana Civil Appeals
What is the serial comma, also known as the Oxford comma? Why should you use it? The Comma Queen has the answers. Continue reading
Posted Feb 2, 2016 at the (new) legal writer
Here’s something you don’t see every day: a defendant convicted of robbery and aggravated assault wins his appeal because the trial court, in instructing the jury, repeatedly used the phrase and/or to describe the elements of the crimes. State v.... Continue reading
Posted Jan 27, 2016 at the (new) legal writer
Listen to my rap ’Bout Strunk & White And your writing will be phat And your prose will be tight. Continue reading
Posted Jan 21, 2016 at the (new) legal writer
If you plan to apply this year to the Louisiana Board of Legal Specialization for certification in appellate law, listen up. One thing you’ll need is 18 hours of appellate CLE. And one place to get a good chunk of those hours (11.75 by my count) is the upcoming DRI... Continue reading
Posted Jan 21, 2016 at Louisiana Civil Appeals