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New Orleans, Louisiana, Earth
Interests: especially walker percy and (lately) flannery o'connor., southern writers
Recent Activity
Over at the Antitrust Attorney Blog, Jarod Bona analyzes the U.S. Supreme Court’s recent decision in Gelboim v. Bank of America. The skinny version: when a case is caught up in multi-district litigation, it retains its identity as an individual case. Meaning that a final judgment as to that case... Continue reading
Posted 2 days ago at Louisiana Civil Appeals
Today I started working on an application to the court of appeal for a supervisory writ, and was reminded of my # 1 tip for this task: the first thing you do—before you write a word—is assemble the attachments. Uniform Rule 4-5 lists the attachments that must be included. I... Continue reading
Posted Jan 14, 2015 at Louisiana Civil Appeals
Some good news for the end of the year: the Supreme Court of the United States is moving toward electronic filing, possibly as soon as 2016. They will still require paper copies, though, at least initially. For details, see the SCOTUSblog. And to all readers out there: thank you for... Continue reading
Posted Dec 31, 2014 at Louisiana Civil Appeals
Federal appellate practitioners should take note of the U.S. Fourth Circuit’s recent decision in Barlow v. Colgate Palmolive Co., No. 13-1839 (4th Cir. Nov. 25, 2014). The decision holds that an order to remand a removed case to state court—ordinarily unreviewable under 28 U.S.C. § 1447(d)—can be vacated under Fed.... Continue reading
Posted Nov 26, 2014 at Louisiana Civil Appeals
The Appellate Section of the Louisiana State Bar Association has filed a petition with the Louisiana Board of Legal Specialization seeking certification of a specialty in appellate practice. Here are PDF copies of the petition and the proposed standards for board certification. The Board has scheduled a public hearing to... Continue reading
Posted Nov 12, 2014 at Louisiana Civil Appeals
The U.S. Fifth Circuit has rolled out a new web site. Check it out. Continue reading
Posted Nov 10, 2014 at Louisiana Civil Appeals
How would the Supreme Court look with the justices and lawyers played by dogs? Something like this. Continue reading
Posted Oct 28, 2014 at Louisiana Civil Appeals
This morning, I 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 Oct 28, 2014 at Louisiana Civil Appeals
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