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New Orleans, Louisiana, Earth
Civil appellate lawyer
Interests: Blues
Recent Activity
If you’re looking for high-quality appellate CLE, then consider registering for the DRI Appellate Advocacy Seminar, to be held in New Orleans at the Sheraton on May 11-12, 2017. The seminar will provide 9 hours of CLE. Last year’s version of this seminar was approved for specialized appellate CLE credit... Continue reading
Posted Mar 3, 2017 at Louisiana Civil Appeals
Most of the civil cases decided by the Louisiana Supreme Court are heard under the court’s supervisory jurisdiction. This means that review by the LASC is discretionary. You invoke the court’s jurisdiction by filing a writ application, and you pray that your application is among the roughly 5% of applications... Continue reading
Posted Mar 2, 2017 at Louisiana Civil Appeals
On March 9, the good folks at Chaffe McCall are hosting a free hour of appellate CLE, followed by a networking reception. The program is Appellate Counsel at Trial: Protecting the Record and Putting Your Best Foot Forward, a webinar produced by the DRI Appellate Advocacy Committee. For details about... Continue reading
Posted Feb 23, 2017 at Louisiana Civil Appeals
As most of you know, the word limits for briefs filed in U.S. Courts of Appeals were recently reduced (e.g. from 14,000 words to 13,000 for opening briefs). Perhaps to offset the effect of that amendment on some cases, the U.S. Fifth Circuit is proposing an amendment to 5th Cir.... Continue reading
Posted Feb 15, 2017 at Louisiana Civil Appeals
Pardon me for going off topic today. But anyone who reads this blog is likely to be interested in yesterday’s decision by the U.S. Ninth Circuit in Washington v. Trump. So here’s a link to the decision. Continue reading
Posted Feb 10, 2017 at Louisiana Civil Appeals
Pardon me for going a little off-topic here. As a graduate of Loyola Law School’s evening division, I especially enjoyed this article by Jill Switzer at Above the Law. From my experience, everything she says about the determination and work ethic of night law students is true. It’s a tough... Continue reading
Posted Jan 25, 2017 at Louisiana Civil Appeals
The Louisiana Association of Defense Counsel’s January 2017 newsletter discusses two cases of interest to lawyers practicing in Louisiana’s appellate courts: In Nabors Offshore Corp. v. Caterpillar, Inc., 2016-0003 (La. App. 4 Cir. 11/30/16), the Fourth Circuit reminds us that a denial of a supervisory writ is not a decision... Continue reading
Posted Dec 30, 2016 at Louisiana Civil Appeals
Let’s say that the defendant in a civil action files a motion for summary judgment, and the trial court denies the motion. Should the defendant file a motion for new trial seeking reconsideration of the summary-judgment motion? The answer is probably “no.” One of two things can happen, and both... Continue reading
Posted Dec 29, 2016 at Louisiana Civil Appeals
Last Friday, the Louisiana Supreme Court granted certiorari in four civil cases. Here is a quick rundown of those cases: Huval v. State ex rel. Dept. of Public Safety & Corrections, 2016-CC-1857. This case presents a question of subject-matter jurisdiction. The two plaintiffs were terminated from their employment by the... Continue reading
Posted Dec 18, 2016 at Louisiana Civil Appeals
The latest issue of the Louisiana Bar Journal has an interesting interview with soon-to-be-retired Justice Jeanette Theriot Knoll. Beside talking about her life and career, she also provides a peek into the inner workings of the Louisiana Supreme Court and the Third Circuit Court of Appeal. For anyone who practices... Continue reading
Posted Dec 14, 2016 at Louisiana Civil Appeals
If you will need specialized appellate CLE next year, then mark your calendars. The 2017 DRI Appellate Advocacy Seminar will be held in New Orleans on May 11–12. In case the link doesn’t work for you, here’s the blurb: This program features presentations on the impact of various technological advances... Continue reading
Posted Dec 8, 2016 at Louisiana Civil Appeals
Would you believe that copying someone else’s brief could be a copyright infringement? Believe it. In Newegg Inc. v. Ezra Sutton, P.A., 120 U.S.P.Q.2d 1111, 2016 BL 299780 (C.D. Cal. Sept. 13, 2016), the draft brief’s author sued the copying lawyer for copyright infringement. The court granted the author a... Continue reading
Posted Nov 30, 2016 at Louisiana Civil Appeals
Some briefwriting conventions are downright silly. One of the silliest is the compulsion to parenthetically define shorthand names for all persons and companies mentioned in a brief. For example, when the only Flintstone mentioned in a brief is Fred, you’ll see the first reference to him as “Fred Flintstone (‘Flintstone’).”... Continue reading
Posted Nov 22, 2016 at Louisiana Civil Appeals
Here’s a tip for U.S. Supreme Court practice that should be obvious: if the Court grants certiorari, brief the issue raised in your cert. petition. If you brief a different issue, your writ will be dismissed as improvidently granted. That’s what happened yesterday in Visa, Inc. v. Osborn, c/w Visa,... Continue reading
Posted Nov 18, 2016 at Louisiana Civil Appeals
The other day, while wandering around the U.S. Fifth Circuit’s web site, I came across this statistical snapshot for July 1, 2015 – June 30, 2016. Here are some of the numbers of interest to civil practitioners: Reversal rate in private civil cases (U.S. not a party): 16.6% Petitions for... Continue reading
Posted Nov 11, 2016 at Louisiana Civil Appeals
As many of you probably know, several amendments to the Federal Rules of Appellate Procedure are scheduled to kick in on December 1. You can read the amendments, as transmitted to Congress by the Supreme Court by following this link. Here is a skinny on the amendments most likely to... Continue reading
Posted Nov 2, 2016 at Louisiana Civil Appeals
Today the Louisiana Supreme Court released its oral-argument docket for December. Eight cases are scheduled for oral argument. These include three civil cases, four criminal cases, and one lawyer-disciplinary case. The docket is a reminder of why the Court often denies meritorious writ applications. Simply put, the Court has only... Continue reading
Posted Oct 21, 2016 at Louisiana Civil Appeals
This morning I gave my semi-annual CLE presentation on appellate practice for the Louisiana State Bar Association’s “Bridging the Gap” seminar, a program designed for newly minted lawyers. For those attending, and for anyone else who may be interested, here is the stuff I promised to upload: My written materials... Continue reading
Posted Oct 19, 2016 at Louisiana Civil Appeals
I’ve just learned that the next DRI Appellate Advocacy Seminar will be held in New Orleans on May 11-12, 2017. Here is a blurb by program coordinator Keith Whitson about what’s planned: The 2017 seminar promises to be very special. This program features presentations on the impact of various technological... Continue reading
Posted Oct 14, 2016 at Louisiana Civil Appeals
John Balestriere has an interesting post at Above the Law on writing persuasively for the reader who knows far less about your case than you do—that is, every judge, judicial law clerk, and court staff attorney who reads your brief. He reminds us that those readers have many more cases... Continue reading
Posted Oct 14, 2016 at Louisiana Civil Appeals
In our last post, we looked at instances in which the court of appeal considered converting an appeal of an unappealable judgment into an application for a supervisory writ. In this post, we’ll focus on two cases presenting this issue, plus a twist: in both cases, the would-be appellant had... Continue reading
Posted Oct 6, 2016 at Louisiana Civil Appeals
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 Sep 24, 2016 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 Sep 22, 2016 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.
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