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Ray
New Orleans, Louisiana, Earth
Civil appellate lawyer
Interests: Blues
Recent Activity
Reading recommendations for 2021
I’m starting the new year by reading Advanced Legal Writing: Theories and Strategies in Persuasive Writing by Michael R. Smith (2d ed. 2008). There’s actually a third edition out now, but it’s pricey. So I’m reading a “used” copy of the second edition that I picked up for $14. (Used... Continue reading
Posted Jan 1, 2021 at Louisiana Civil Appeals
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Not too late for appellate CLE
If you need some last minute appellate CLE, the Louisiana State Bar Association offers 15 on-line sessions. To browse the menu, follow this link. Continue reading
Posted Dec 30, 2020 at Louisiana Civil Appeals
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This is a test.
See how this looks. Continue reading
Posted Dec 19, 2020 at Minor Wisdom
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Shortcuts for typing a § and a ¶
If you’re using Windows, you can type a section sign (§) or a pilcrow (¶) in any Windows application, including Word, using your numeric keypad. Here’s how. First, make sure your Num Lock is on; that’s the key in the upper left corner of your numeric keypad. Most keypads have... Continue reading
Posted Dec 9, 2020 at Louisiana Civil Appeals
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Amendments to federal rules effective Dec. 1
Yesterday, December 1, was the effective date for amendments to federal rules of practice, including the Federal Rules of Appellate Procedure. The FRAP amendments are minor and concern only responses to petitions for en banc hearing or rehearing and petitions for panel rehearing. Under the new rules, responses are subject... Continue reading
Posted Dec 2, 2020 at Louisiana Civil Appeals
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Legalese makes you look inferior
Lawyers who communicate in plain, straightforward language are perceived as more intelligent and more capable than those who attempt to communicate in legalese. Now there’s another study confirming this fact. The study is described in this blog post by the British Psychological Society. Here’s the money quote: [A]ccording to a... Continue reading
Posted Nov 7, 2020 at Louisiana Civil Appeals
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For “Bridging the Gap” participants
This morning, I gave a one-hour CLE presentation on appellate practice for the Louisiana State Bar Association’s Bridging the Gap webinar, a program for new lawyers. For those who attended the program (and anyone else who may be interested), here are some links and things to supplement my written materials:... Continue reading
Posted Oct 14, 2020 at Louisiana Civil Appeals
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The science behind plain language
Most of us know that plain language is more persuasive than legalese. But did you know that there are scientific studies proving that point? Some of that science is summarized in an article I’ve written for the upcoming 2020 volume of The Scribes Journal of Legal Writing. To read the... Continue reading
Posted Oct 9, 2020 at Louisiana Civil Appeals
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La. 2nd Circuit closed tomorrow
The Louisiana Second Circuit has issued an order that the court will be closed tomorrow because of Hurricane Delta. The court is scheduled to reopen on Monday, October 12. Any filings due tomorrow will be timely if filed on Monday. To download a copy of the court’s order, follow this... Continue reading
Posted Oct 8, 2020 at Louisiana Civil Appeals
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Hurricane Delta court closures
The Louisiana Supreme Court and Louisiana First, Third, Fourth, and Fifth Circuits have announced closures in anticipation of Hurricane Delta. Any filings due while the particular court is closed will be timely if filed when the court reopens. For the Louisiana Fifth Circuit, reopening is scheduled for Tuesday, October 13;... Continue reading
Posted Oct 8, 2020 at Louisiana Civil Appeals
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Friendly advice from a judge to would-be amici
Here’s recent opinion by Judge Michael Y. Scudder, Jr. of the U.S. Seventh Circuit describing what is and is not helpful in an amicus brief: Prairie Rivers Network v. Dynegy Midwest Generation, LLC, No. 18-3644 (7th Cir. Sept. 24, 2020) (Scudder, J., in chambers). Not helpful: briefs that merely repeat... Continue reading
Posted Oct 5, 2020 at Louisiana Civil Appeals
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La. Third Circuit reopened
As most everyone knows, the Louisiana Third Circuit has been closed in the aftermath of Hurricane Laura. (See this August 31 blog post.) Starting today, the Third Circuit is now reopened. Any filings that were due between August 31 and October 1, 2020 will be deemed timely if filed by... Continue reading
Posted Oct 1, 2020 at Louisiana Civil Appeals
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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 Sep 16, 2020 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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