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Ray
New Orleans, Louisiana, Earth
Interests: especially walker percy and (lately) flannery o'connor., southern writers
Recent Activity
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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When a court decides your case, you want to know immediately. Some courts (for example, the Louisiana First and Fourth Circuits) offer e-mail notice of decisions to counsel of record; those e-mails usually go out the same day that the decision is released. Other courts continue to rely on notice... Continue reading
Posted 6 days ago at Louisiana Civil Appeals
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
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
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
Ken Adams has an an interest commentary on this decision.
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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
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?
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This definition comes from Ambrose Bierce’s The Devil’s Dictionary, which you can find at http://www.alcyone.com/max/lit/devils/.
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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
(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
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
I don’t know. But I do know that it’s a matter of corporations law, not legal writing.
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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).
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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
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
Interesting, Maybe JP1 he needed the number because he was combining the names of the prior two popes.
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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).
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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
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
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.
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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.
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Actually my clients are litigation-savvy. They know what can and can’t be done on appeal.
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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
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