Category Archives: U.S. Courts of Appeal

The Legal Writing Debate on Footnotes Continues.

08 Saturday Feb 2014

Posted by in 5th Circuit Court of Appeals, Appellate Law, Brief Writing, Citations, Court Rules, Footnotes, Legal Writing

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The Never Ending Debate Over Citational Footnotes, by Raymond Ward, the (new) legal writer

http://tinyurl.com/lh3t2co

Mr. Ward gives us a brief overview in these two paragraphs. In the remainder of his post, Mr. Ward expands on his variations for citations in footnotes and the preferences of Fifth Circuit judges  I mean no disrespect to Mr. Garner, but if Mr. Ward gives advice on legal writing, I pay attention. -CCE

Who would have thought that, for over 13 years now, the most controversial subject among litigation-oriented legal writers would be the location of legal citations in footnotes versus in text? Back in the spring of 2001, a judge in an intermediate Louisiana appellate court, in writing the majority’s opinion in a case, put her legal citations in footnotes. This drew a concurring opinion from the chief judge (withdrawn before final publication), agreeing with the result but objecting to the use of footnotes for citations. So the author wrote her own concurring opinion defending her use of footnotes. The case is Ledet v. Seasafe, Inc., 783 So. 2d 611 (La. App. 3 Cir. 2001). The controversy stirred up by Ledet caught the attention of the New York Times. Here is my own little casenote on Ledet.

Fast-forward 13 years. Bryan Garner writes an article for the ABA Journal recommending the use of footnotes for legal citations—a position he’s held since I took my first Garner seminar in 1998. His fellow Texans Rich Phillips and Jason Steed write blog posts begging to differ. Different decade, pretty much the same debate.

Can Law Enforcement Search A Cell Phone Without A Warrant?

02 Sunday Feb 2014

Posted by in 1st Circuit Court of Appeals, 5th Circuit Court of Appeals, Android Phones, California Supreme Court, Cell Phones, Constitution, Florida Supreme Court, Fourth Amendment - Search & Seizure, Georgia Supreme Court, iPad, iPhones, Legal Technology, Massachusetts Supreme Court, Ohio Supreme Court, Privacy, Tablets, United States Supreme Court

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Supreme Court Will Decide If Warrantless Cellphone Searches Are Constitutional, by Kwame Opam, The Verge

http://tinyurl.com/p7n2oqy

The United States Supreme Court will rule on two cases on whether a warrantless search of cell phones is legal under the Constitution. The U.S. Supreme Court’s decisions will impact Fourth Amendment search and seizure procedures for law enforcement – must police first obtain a search warrant to access the data on an arrestee’s cell phone? May a cell phone and its digital data be used as evidence?

At this time, both federal circuit courts and state supreme courts disagree as to whether the police can search a cell phone without a warrant. The Fourth, Fifth, and Seventh U.S. Court of Appeals, together with the Supreme Courts of Georgia, California, and Massachusetts say yes, they can. The First Circuit Court of Appeals and the Supreme Courts of Florida and Ohio disagree.

The courts are not the only ones paying close attention to the outcome of these two cases. Several organizations and others are concerned about maintaining privacy of digital devices and data. Law enforcement is in favor a final decision allowing warrantless searches on cell phones if there is probable cause.

The Supreme Court may rule as early as April 2014. -CCE

Free App to Access PACER on iPhones and iPads.

30 Thursday Jan 2014

Posted by in Appellate Law, Apps, Bankruptcy Law, Cell Phones, Dockets, E-Filing, Federal District Court Rules, Federal Law, iPad, iPhones, Legal Technology, PACER, Trial Tips and Techniques, U.S. Courts of Appeal

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Review: DkT — access PACER on the iPad and iPhone, by Jeff Richardson, iPhone J.D. Blog

http://www.iphonejd.com/iphone_jd/2014/01/review-dkt-pacer.html

Jeff reviews a free app created by Matthew Zorn called “DkT.” In this post, Jeff leads you through the various steps to use this app. Because this is the first version, no doubt Matthew will tweak it as time goes by. Regardless of its minor flaws, if you practice in federal court, this is an incredibly useful tool for your iPad or iPhone. -CCE

If you ever practice in federal court, then using PACER is a part of your job.  PACER websites typically let you select a mobile option so that you can access PACER on an iPad or an iPhone, but the experience isn’t ideal.  You cannot save your username or password, it is difficult to manually enter case numbers, and every time you access a docket sheet or a document you have to pay to do so.  Matthew Zorn, an attorney at a large New York law firm, decided to do something about that, so he spent nine months writing a useful and beautifully designed app that he calls DkT.  The DkT app is free and can access PACER for federal appellate, district and bankruptcy courts.

Do You Know Whether Your Judge Uses an iPad or Tablet? Find Out Before You Submit Your Next Brief.

28 Tuesday Jan 2014

Posted by in 5th Circuit Court of Appeals, Apple, Brief Writing, Footnotes, iPad, Judges, Legal Technology, Legal Writing, Trial Tips and Techniques

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Writing a Brief for the iPad Judge, by Daniel Sockwell, Columbia Business Law Review

http://cblr.columbia.edu/archives/12940

‘Know your audience’ is a fundamental rule of skillful writing. For lawyers writing briefs in the 21st century, a key part of knowing your judicial audience is knowing what device will display your brief. While some judges print briefs and read the hard copy, a quiet revolution is occurring: more and more judges are reading briefs primarily on iPads or other tablets. According to experts on legal writing, this change in reading should trigger a similarly significant change in writing.

D.C. Circuit Court of Appeals Rules That FCC Regulations Are Outside the Agency’s Authority.

14 Tuesday Jan 2014

Posted by in Appellate Law, District of Columbia Circuit Court of Appeals, FCC, Government, Internet

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Not Hyperbole: The Internet Won’t Be The Same Without Net Neutrality, by Brian Focht, The Cyber Advocate

http://tinyurl.com/lwlyubo

Today, the D.C. Circuit Court of Appeals ruled that key provisions of regulations promulgated by the FCC, referred to as the ‘Open Internet Rules’ (or ‘Net Neutrality’ to most), were outside the agency’s authority. Specifically, the court held that rules requiring broadband internet service providers to treat all internet traffic equally were beyond the FCC’s powers, because broadband providers are not considered ‘common carriers.’

Ralph Losey’s Top E-Discovery Case of 2013.

29 Sunday Dec 2013

Posted by in 5th Circuit Court of Appeals, Discovery, E-Discovery, Preservation, Sanctions, Texas Supreme Court

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Announcing My Top e-Discovery Case of 2013, by Ralph Losey, e-Discovery Team® Blog

Seal for the United States Fifth Circuit court...

http://tinyurl.com/mqrqv3d

The year 2013 has been a relatively lackluster one for e-discovery case law. Then, on November 12, 2013, the Fifth Circuit Court of Appeals rendered a rare appellate order on sanctions and e-discovery abuse.

Texas’ Backlog of Federal Judicial Vacancies.

29 Sunday Dec 2013

Posted by in 5th Circuit Court of Appeals, Judges, Texas Supreme Court

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English: Seal of Texas

Senate’s ‘Nuclear Option’ Won’t Help Clear Backlog Of Texas Judicial Vacancies, by Todd J. Gillman, The Dallas Morning News (with hat tip to Howard Bashman, How Appealing Blog!)

http://tinyurl.com/mxklpsw

Federal courts that handle Texas cases have nine vacancies and until last week, no nominees, accounting for more than 20 percent of empty benches nationwide. One of those came open more than five years ago.

The predictable result: backlogs and delays, especially in civil cases.

“The nuclear option will not change the logjam. The White House is not going to nominate anyone from Texas until it’s clear the senators will approve them,” said Royal Furgeson, dean of the University of North Texas Law School in Dallas, planned to open next year.

He called the persistent vacancies ‘a giant problem,’ and he would know; he’s the judge who stepped down in November 2008 from a San Antonio trial court.

If a Picture Is Worth a Thousand Words, What Are Graphics in E-Filing Worth? A Lot.

03 Sunday Nov 2013

Posted by in E-Filing, Legal Technology, U.S. Courts of Appeal

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Using Graphics in Electronic Filings with Courts, by Legal Skills Prof, Legal Skills Prof Blog

http://bit.ly/19ZBhAE

9th Circuit Snips, Then Replaces, California State Law Loophole in Compulsory Arbitration

29 Tuesday Oct 2013

Posted by in Appellate Law, Arbitration, U.S. Courts of Appeal

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After Wavering, Ninth Circuit Snuffs Out ‘Broughton-Cruz’ Doctrine,
by Scott Graham, Connecticut Law Tribune

http://perma.cc/09CauXr6qZx

Yes, You Can. No, You Can’t. The Latest Abortion Battle in Texas.

29 Tuesday Oct 2013

Posted by in 5th Circuit Court of Appeals, Appellate Law, State Appellate Courts, Texas Supreme Court

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Judge in Texas Partly Rejects Abortion Law, by Erik Eckholm, The New York Times
http://nyti.ms/Hon5aE

 But not so fast . . . .

Texas attorney general asks court to reinstate abortion measure, by Karen Brooks, Reuters, in Chicago Tribune
http://trib.in/17qFgZx