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Ray
New Orleans, Louisiana, Earth
Civil appellate lawyer
Interests: Blues
Recent Activity
Theory of briefwriting: persuasion
This is the first of what I hope will be a series of blog posts on my theory of briefwriting. It’s fine to offer tips for writing better briefs. I hope to go a little beyond that by laying a foundation for any tip that I might offer: the “why”... Continue reading
Posted 5 days ago at Louisiana Civil Appeals
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La. Third Circuit closed indefinitely
Today, Chief Judge Thibodeaux of the Louisiana Third Circuit signed an order confirming what we already expected: the Third Circuit is closed “indefinitely” in the aftermath of Hurricane Laura. All deadlines in the Third Circuit are suspended as long as the court is closed. To download a copy of the... Continue reading
Posted Aug 31, 2020 at Louisiana Civil Appeals
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La. Supreme Court closure
In posting about the hurricane-related court closures yesterday, I overlooked the Louisiana Supreme Court. By order issued on August 23, the LASC has been closed through today because of Marco and Laura. Today the LASC issued a follow-up order extending its closure through tomorrow, with the Court now scheduled to... Continue reading
Posted Aug 26, 2020 at Louisiana Civil Appeals
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La. 2nd Circuit closed through Friday
Today the Louisiana Second Circuit issued an order extending its hurricane-related closure through the rest of this week. The court is now scheduled to reopen on Monday, August 31. To download a copy of today’s order, follow this link. A minute ago, I checked the Louisiana Third Circuit’s web site.... Continue reading
Posted Aug 26, 2020 at Louisiana Civil Appeals
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La. 2nd Circuit closed for Laura
The Louisiana Second Circuit is closed today and tomorrow because of Hurricane Laura, with reopening scheduled for Friday, August 28. To download the court’s order, follow this link. Continue reading
Posted Aug 26, 2020 at Louisiana Civil Appeals
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More La. court closures
I’ve stumbled across a few more orders closing Louisiana courts because of Marco and Laura: The Louisiana Supreme Court closed yesterday and will remain closed through tomorrow, August 26. To download that order, follow this link. The Louisiana First Circuit closed yesterday and will remain closed through Thursday, August 27.... Continue reading
Posted Aug 25, 2020 at Louisiana Civil Appeals
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La. Third Circuit closed for storms
Yesterday, the Louisiana Third Circuit issued an order closing the court from August 25 through 28 because of hurricanes Marco and Laura. The court’s order suspends any deadlines falling on those dates until August 31. To download a copy of the order, follow this link. Continue reading
Posted Aug 25, 2020 at Louisiana Civil Appeals
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CLE on the science and rhetoric of persuasive writing
This one-hour CLE session looks promising: Legal Writing: A Judge’s Perspective on the Science and Rhetoric of the Written Word. The presented is Judge Robert E. Bacharach of the U.S. Tenth Circuit. It’s sponsored by the ABA and the ABA Council of Appellate Lawyers. The program “will draw on the... Continue reading
Posted Aug 11, 2020 at Louisiana Civil Appeals
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LSBA appellate webinar on October 2
On October 2, 2020, the LSBA will hold a two-hour CLE on appellate practice. Thomas Flanagan will interview three judges: Judge Sylvia Cooks (La. Third Circuit), Judge Kyle Duncan (U.S. Fifth Circuit), and Justice William Crain (La. Supreme Court). According to the seminar flyer, “The interviews will focus on appellate... Continue reading
Posted Aug 5, 2020 at Louisiana Civil Appeals
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Kathryn Venturatos Lorio
Some sad news for Loyola Law alumni and Louisiana trust and estate lawyers: Professor Kathryn Venturatos Lorio died last Sunday. Yesterday’s newspaper carried this story about her life and career. Continue reading
Posted Jul 22, 2020 at Louisiana Civil Appeals
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How (or how not) to fix an erroneous damages award in federal court
Last week, the U.S. Fifth Circuit issued a valuable opinion on how to fix erroneous awards of damages in the federal system. As explained by the court, “the Federal Rules of Civil Procedure provide several ways for a federal litigant to seek a different damages figure than that which the... Continue reading
Posted Jul 21, 2020 at Louisiana Civil Appeals
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How to celebrate today
To commemorate Independence Day, you don’t need to go to the beach, a barbecue, or a fireworks show. All you need to do is reread and think about the Declaration of Independence. Here’s a link. Continue reading
Posted Jul 4, 2020 at Louisiana Civil Appeals
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Many deadlines extended to July 6
On June 9, 2020, Act No. 162 of the Louisiana Legislature’s 2020 Regular Session became effective with the governor’s signature. This legislation enacts La. R.S. 9:5858 through 5830. To download a copy of Act No. 162, follow this link. Section 9:5828 ratifies Governor Edwards’s various executive orders extending prescription, peremption,... Continue reading
Posted Jun 23, 2020 at Louisiana Civil Appeals
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Cristobal court closures
The Louisiana Supreme Court’s home page has this announcement about TS Cristobal: Due to the possible rain and wind resulting from Cristobal, Oral Arguments previously scheduled for Monday and Tuesday, June 8th and 9th have been postponed to Wednesday and Thursday, June 10th (2:00) and 11th (9:30am & 2:00pm). The... Continue reading
Posted Jun 8, 2020 at Louisiana Civil Appeals
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U.S. 5th Circuit announcement on June 29 – July 2 arguments
Passing by the U.S. Fifth Circuit’s web site, I spotted this announcement: The Court will not conduct in person arguments for the week of June 29 – July 2, 2020, and the Clerk’s Office will advise counsel how panels will handle their cases. Updated calendars will be posted at http://www.ca5.uscourts.gov/clerk/calendar/int-cal.htm.... Continue reading
Posted Jun 8, 2020 at Louisiana Civil Appeals
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La. 4th Circuit extends deadlines to June 16
Like the Louisiana Supreme Court and other Louisiana courts of appeal, the Louisiana Fourth Circuit just issued an order extending its deadlines to June 16. Filings in that court that otherwise would have been due between March 12 and June 15, 2020 will be timely if filed by June 16.... Continue reading
Posted Jun 5, 2020 at Louisiana Civil Appeals
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La. 3rd Circuit extends deadlines to June 16
Like the Louisiana First and Second Circuits, the Louisiana Third Circuit issued an order today extending deadlines to June 16. Any filings that otherwise would have been due in that court between March 12 and June 15, 2020 will be timely if filed by June 16. To download a copy... Continue reading
Posted Jun 5, 2020 at Louisiana Civil Appeals
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La. 2nd Circuit extends deadlines to June 16
Today the Louisiana Second Circuit issued an order following yesterday’s executive order by Governor Edwards. Like the Louisiana Supreme Court’s order earlier today, the Second Circuit order extends deadlines in that court to June 16. Filings that otherwise would have been due from the start of the COVID-19 emergency through... Continue reading
Posted Jun 5, 2020 at Louisiana Civil Appeals
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La. 1st Circuit extends deadlines to June 16
Today the Louisiana First Circuit issued an order following Governor Edwards’s latest executive order extending legal deadlines. Under today’s order by the First Circuit, filings that otherwise would have been due between March 12 and June 15, 2020 will be timely if filed by June 16. To download a copy... Continue reading
Posted Jun 5, 2020 at Louisiana Civil Appeals
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LASC’s June 5 orders on COVID-19
The Louisiana Supreme Court just issued a pair of orders in response to yesterday’s executive orders by the governor. In one order, the Court extended its own deadlines: any filings that otherwise would have been due between March 12 and June 15, 2020 will be timely if filed by June... Continue reading
Posted Jun 5, 2020 at Louisiana Civil Appeals
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La. 5th Circuit extends deadlines to June 19
In response to the governor’s order 75 JBE 2020, The Louisiana Fifth Circuit issued an order today extending its deadlines. Under today’s order, filings that otherwise would have been due between March 12 and June 15, 2020 are now due on June 19. To download a copy of today’s order... Continue reading
Posted Jun 5, 2020 at Louisiana Civil Appeals
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Governor extends legal deadlines until June 15
Yesterday, Governor Edwards issued two executive orders implementing Louisiana’s movement to Phase 2 re-opening. The one this blog is concerned with, 75 JBE 2020, continues the suspension of most legal deadlines until Monday, June 15. These deadlines include all those set by the Louisiana Civil Code, Louisiana Code of Civil... Continue reading
Posted Jun 5, 2020 at Louisiana Civil Appeals
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La. Supreme Court’s 2019 Annual Report
The Louisiana Supreme Court has released its 2019 Annual Report. For appellate lawyers, the report includes useful statistics about the Louisiana Supreme Court and the five courts of appeal (e.g. numbers of writ applications filed, numbers of writs granted, etc.). Continue reading
Posted Jun 3, 2020 at Louisiana Civil Appeals
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Not too late for a 1915(B) certification
Let’s say that a trial court renders a judgment dismissing only some of a party’s claims, without designating the judgment as final under La. Code Civ P. art. 1915(B). The aggrieved party appeals anyway, and the court of appeal renders a judgment dismissing the appeal for lack of jurisdiction because... Continue reading
Posted Jun 3, 2020 at Louisiana Civil Appeals
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Louisiana moving to Phase 2 re-opening
Earlier this afternoon, Governor John Bel Edwards announced the state’s movement to Phase 2 re-opening this Friday, June 5. To read the governor’s press release, follow this link. Today’s announcement does not include any information about legal deadlines that have been suspended since the onset of the COVID-19 emergency. We’ll... Continue reading
Posted Jun 1, 2020 at Louisiana Civil Appeals
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