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Ray
New Orleans, Louisiana, Earth
Civil appellate lawyer
Interests: Blues
Recent Activity
Two weeks ago, the U.S. Fifth Circuit issued an interesting decision about the court’s “rule of orderliness,” which is another name for law of the circuit: Douglas v. Nippon Yusen Kabushiki Kaisha, No. 20-30382 (5th Cir. Apr. 30, 2021). The issue was one for civil-procedure fans: the proper framework for... Continue reading
Posted 3 days ago at Louisiana Civil Appeals
Today, I gave a one-hour CLE presentation on appellate practice for the Louisiana State Bar Association’s Bridging the Gap webinar for newly sworn-in lawyers. For the participants and anyone else who may be interested, here are some bonus goodies. First, here are some resources on typography: Painting with Print by... Continue reading
Posted May 6, 2021 at Louisiana Civil Appeals
Last week, the U.S. Third Circuit penalized a lawyer for filing an appellate brief that, in the court’s view, was no more than a “cut-and-paste” version of his district-court brief. Conboy v. U.S. Small Business Admin., No. 20-1726 (3d Cir. Mar. 19, 2021). The same lawyer responded to a motion... Continue reading
Posted Mar 26, 2021 at Louisiana Civil Appeals
The ABA Journal has an interesting article about a third-year law student who recently argued a case in the U.S. Fourth Circuit through American Sign Language. She used two interpreters: one to translate her argument into spoken English for the judges, and another to translate what other people said (the... Continue reading
Posted Mar 5, 2021 at Louisiana Civil Appeals
If you’re looking for appellate CLE, then please consider registering for the Louisiana State Bar Association’s upcoming Advanced Appellate Practice Webinar, to be held on the afternoon of April 9, 2021. The program offers two hours of appellate CLE. In the first hour, attorney Thomas Flanagan will interview newly elected... Continue reading
Posted Mar 2, 2021 at Louisiana Civil Appeals
Under 28 U.S.C. § 1447(d), “An order remanding a case to the State court from which it was removed is not reviewable on appeal or otherwise ....” Let’s say that plaintiff sues defendant in Louisiana state court, the defendant removes the case to federal court, and the plaintiff moves for... Continue reading
Posted Feb 25, 2021 at Louisiana Civil Appeals
The Louisiana Second Circuit has extended its weather-related closure through Friday, February 19. Follow this link to download a copy of the court’s order. Continue reading
Posted Feb 17, 2021 at Louisiana Civil Appeals
The Louisiana Supreme Court and several courts of appeal are closed today because of the cold weather and related problems (dangerous traveling conditions, loss of electricity). Follow these links to orders or announcements of court closures Louisiana Supreme Court Louisiana First Circuit Louisiana Second Circuit Louisiana Third Circuit I haven’t... Continue reading
Posted Feb 17, 2021 at Louisiana Civil Appeals
Here are some court closures to pass along: The Louisiana First Circuit is closed today for Lundi Gras. To see the closure announcement, follow this link. The Louisiana Second Circuit is closed today because of inclement weather (snow and ice). To download a copy of the closure order, follow this... Continue reading
Posted Feb 15, 2021 at Louisiana Civil Appeals
For anyone who has to give an oral argument by Zoom, here’s a tip: check your video settings before going live. Otherwise, something like this may happen. Continue reading
Posted Feb 9, 2021 at Louisiana Civil Appeals
If you’re looking for appellate CLE, the New Orleans Bar Association has an inexpensive offering for you: a one-hour discussion of appellate practice with a pair of Louisiana chief judges: Chief Judge McKay of the Fourth Circuit and Chief Judge Chehardy of the Fifth Circuit. Attorneys Kelly Becker and Leigh... Continue reading
Posted Feb 1, 2021 at Louisiana Civil Appeals
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
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
See how this looks. Continue reading
Posted Dec 19, 2020 at Minor Wisdom
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
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
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
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
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
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
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
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
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
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
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