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The Researching Paralegal

Category Archives: Court Orders

Perfect Benchslap For Redaction Running Amuck.

08 Saturday Aug 2015

Posted by Celia C. Elwell, RP in Benchslap, Court Orders, Federal Judges, Judges, Legal Writing, U.S. District Courts

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Tags

Above the Law, Benchslap, Joe Patrice, Judge Charles Breyer, Legal Writing, Redaction

Judge Trolls Lawyers Without Saying Anything At All, by Joe Patrice, Above The Law

http://abovethelaw.com/2015/08/judge-trolls-lawyers-without-saying-anything-at-all/

Joe beat me to it. Many thanks to Jessica L. Craft at Holden & Carr for the heads’ up. -CCE

Judge Charles Breyer proves that a redaction can be worth a thousand words. . . .

Continue reading →

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Why Circuit Courts Reassign Cases To Different District Judges On Remand.

24 Tuesday Feb 2015

Posted by Celia C. Elwell, RP in Appellate Judges, Civil Procedure, Court Orders, Federal Civil Procedure, Federal Judges, Judges

≈ Comments Off on Why Circuit Courts Reassign Cases To Different District Judges On Remand.

Tags

Case Reassignment, Federal Courts, Federal Judges, Louisiana Civil Appeals, Raymond P. Ward, Remand

Standards For Reassignment To A Different Judge On Remand, by Raymond P. Ward, Louisiana Civil Appeals

http://raymondpward.typepad.com/la-appellate/2015/02/standards-for-reassignment.html

In U.S. ex rel. Little v. Shell Exploration & Production Co., 14-20156 (5th Cir. Feb. 23, 2015) (unpublished), the Fifth Circuit not only reversed a summary judgment, but also ordered that, on remand, the case be reassigned to a different district judge. Why? Here is the sequence of events in a nutshell:

  1.  The district court rendered summary judgment in defendants’ favor.
  2.  On appeal, the Fifth Circuit reversed, holding that the district court applied the wrong legal standard. The Fifth Circuit remanded with instructions for the district court to apply the correct legal standard.
  3.  A year later, the district court again rendered summary judgment in defendants’ favor, apparently applying the same legal standard that the Fifth Circuit had rejected. The Fifth Circuit concluded that, in rendering this judgment, the district court disregarded the Fifth Circuit’s instructions on remand.

Starting at page 25, the decision includes a survey of case law enunciating various standards applied by circuit courts in deciding whether to reassign a case to a different judge on remand. So this decision is worth tucking away for future reference in case you ever find yourself in need of similar relief.

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Time For Some Levity. Here’s The Case Law Hall of Fame.

31 Saturday Jan 2015

Posted by Celia C. Elwell, RP in Court Orders, Courts, Humor, Judges, Legal Writing

≈ Comments Off on Time For Some Levity. Here’s The Case Law Hall of Fame.

Tags

Case Law Hall of Fame, Legal Humor, Lowering the Bar Blog

Case Law Hall of Fame, Lowering the Bar Blog

http://kevinunderhill.typepad.com/lowering_the_bar/case-law-hall-of-fame.html

Cold wet day here. (Hey, not complaining – we need the rain!) Others digging out from monster snow banks. Time for a giggle or two provided by Lowering The Bar. Each of these is worth a snicker, and some might evoke a full belly laugh. It is hard to find one favorite. Which one is yours? -CCE

Bradshaw v. Unity Marine Corp. (S.D. Tex. 2001) (‘Both attorneys have obviously entered into a secret pact . . . to draft their pleadings entirely in crayon on the back sides of gravy-stained paper place mats, in the hope that the Court would be so charmed by their child-like efforts that their utter dearth of legal authorities in their briefing would go unnoticed.’).

Brown v. Swindell (La. Ct. App. 1967) (holding plaintiff could not recover damages for emotional distress allegedly due to embarrassment of owning a three-legged dog).

Bruni v. Bruni (Ontario Super. Ct. 2010) (‘Here, a husband and wife have been marinating in a mutual hatred so intense as to surely amount to a personality disorder requiring treatment . . . . I am prepared to certify a class action for the return of all wedding gifts.’)

Collins v. Henman (S.D. Ill. 1987) (dismissing case because, even accepting petitioner’s claim that he was the Prophet Muhammed, he was still required to exhaust remedies in state court before filing federal habeas action).

Denny v. Radar Industries (Mich. Ct. App. 1971)(‘Appellant [tried to distinguish his case.] He didn’t. We couldn’t. Affirmed.’)

Fisher v. Lowe (Mich. Ct. App. 1983) (‘We thought that we would never see/A suit to compensate a tree’). Bonus points: Westlaw did the summary and headnotes in verse, too.

Lodi v. Lodi (Cal. Ct. App. 1985) (‘This case started when plaintiff Oreste Lodi sued himself in the Shasta County Superior Court.’).

Miles v. City Council (S.D. Ga. 1982) (relating the story of Blackie the Talking Cat).

Moore v. Moore (Mo. Ct. App. 1960) (recognizing husband’s right to fish without female interference, but ruling that minor infringements on it are not grounds for divorce; also finding that the term ‘hillbilly’ is not an insult, at least when used in Southern Missouri).

Nance v. United States (D.C. Cir. 1962) (‘How do you know it was me, when I had a handkerchief over my face?’)

Noble v. Bradford Marine Inc. (S.D. Fla. 1992) (ruling, not long after ‘Wayne’s World’ was released, that ‘very excellent’ authorities showed that removal to federal court was ‘most bogus and way improvident’; ordering defendants to ‘party on in state court.’).

Norman v. Reagan (D. Or. 1982) (dismissing case against former President Reagan for allegedly causing plaintiff’s ‘civil death’ and also certain unspecified claims regarding a suspicious mailbox).

Pardue v. Turnage (La. Ct. App. 1980) (‘An exhaustive reading of the entire record convinces this court that Kenneth Turnage did give his stuffed bear to the Lessards.  For the trial court to find otherwise was manifest error.’).

People v. Foranyic (Cal. Ct. App. 1998) (ruling that there was probable cause for police to detain someone they see riding a bike at 3 a.m., carrying an axe)

R. v. Duncan (Ontario Ct. Justice 2013) (‘There is an ancient proverb to the effect that ‘those whom the gods would destroy, they first make mad.’‘)

Stambovsky v. Ackley (N.Y. 1991) (holding that a homebuyer could seek recission of sale contract based on his claim that he did not know house was allegedly haunted by poltergeists; based on estoppel, court ruled that ‘as a matter of law, the house is haunted’).

United States ex rel. Mayo v. Satan and His Staff (W.D. Pa. 1971) (dismissing case against Satan and unidentified staff members for lack of jurisdiction and uncertainty as to whether case could properly be maintained as a class action).

Washington v. Alaimo (S.D. Ga. 1996) (ordering plaintiff to show cause why he should not be sanctioned for ‘filing a motion for improper purposes,’ such as those hinted at in the title of the pleading, ‘Motion to Kiss My Ass.’)

In re Marriage of Gustin (Mo. Ct. App. 1993) (holding that wife’s chopping through door of marital residence with a hatchet was not ‘marital misconduct’ sufficient to affect distribution of property).

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The Court’s Plan for Hurricane Sandy Litigation.

05 Saturday Apr 2014

Posted by Celia C. Elwell, RP in Court Orders, Federal Judges, Insurance Law, Judges, Litigation, New Jersey District Court of Appeals

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Tags

Case Management, Chief Judge Jerome B. Simandle, Flood Insurance, Hurricane Sandy, Litigation, National Flood Insurance Program, New Jersey

Public Meeting Leads to Plan Speeding Hurricane Sandy Litigation, United States Courts Blog

http://tinyurl.com/obrkuue

Nearly a year and a half after Super Storm Sandy, New Jersey is seeing another wave. This time, it’s a surge in federal cases involving flood insurance carriers.

‘These cases are hitting our docket very hard,’ said Chief Judge Jerome B. Simandle, New Jersey District Court. ‘We have over 600 Hurricane Sandy cases now and we expect the final number could be as many as 2,000.’

With such a large and growing number of cases, Simandle took the lead. He called a public meeting to hear from homeowners, attorneys and other interested groups. On March 20th, the district’s Board of Judges adopted a plan for management of the Super Storm Sandy litigation, contained in a Standing Order and a 15-page Hurricane Sandy Case Management Order No. 1, which are available on the court’s website. . . .

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Texas Supreme Court Embraces Email and Amends Civil Procedure Rules.

08 Wednesday Jan 2014

Posted by Celia C. Elwell, RP in Court Orders, Court Rules, Emails, Legal Technology, Texas Supreme Court, Trial Tips and Techniques

≈ Comments Off on Texas Supreme Court Embraces Email and Amends Civil Procedure Rules.

Tags

Civil Procedure, Frank O. Carroll III, Proof of Service, Redaction, Signature Blocks, TexAppBlog, Texas Supreme Court

Texas Supreme Court Decides Email is Here to Stay, Amends Rules of Civil Procedure Accordingly, by Frank O. Carroll III, TexAppBlog

http://tinyurl.com/jwrwy7u

When it comes to civil courts in Texas, the theme for 2013 was “fast-tracking.” The Texas Rules of Civil Procedure saw a number of changes related to triaging and expediting low-dollar controversies and eliminating “frivolous” cases early in the litigation process. While limiting requests for production and depositions in cases under $100,000 is all well and good, civil courts in Texas face much greater problems on a day-to-day basis.

One such problem is the underutilization of technology. Before 2014, email didn’t exist as far as the Texas Rules of Civil Procedure were concerned, electronic filing by fax was the equivalent of placing an envelope in the mail, and FedEx was a great way to send birthday gifts, but an unacceptable way to send discovery requests. But a new day has dawned, and 2014 is upon us…

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Deleting Legalese and Using Clear Language in Legal Writing.

22 Sunday Dec 2013

Posted by Celia C. Elwell, RP in Bad Legal Writing, Brief Writing, Court Orders, Legal Writing, Legalese

≈ Comments Off on Deleting Legalese and Using Clear Language in Legal Writing.

Tags

Carol Bast, Court Order, Florida Bar Association, Judge Steven D. Merryday, Legal Writing, Legalese, Plain English, Plain Language, State Bar of Michigan

Lawyers Should Use Plain Language, by Carol M. Bast (published in October 1995 Florida Bar Journal)

http://www.michbar.org/generalinfo/plainenglish/PDFs/85_oct.pdf

I have often heard the excuses for using legalese. Clients expect it. It sounds better and well, just, more “legal.” Would it surprise you to know that there is no statute, case law, court rule, or other legal authority that requires legalese? There simply isn’t.

I also have heard the excuse that legalese impresses the court. It sounds more official. Did your brief win because it sounds more pompous or because your argument was more clearly explained and understood by the court? To illustrate that point, please read this Court Order posted by Lowering the Bar Blog:

http://abovethelaw.com/uploads/2012/11/Merryday-Order.pdf

If you need further proof of dropping legalese in legal writing, see this compilation of outstanding articles by members of the Plain English Subcommittee of the State Bar of Michigan. It is a valuable motherload of articles of clear writing, and well worth studying by anyone who aspires to write well. -CCE

http://www.michbar.org/generalinfo/plainenglish/

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Pennsylvania Supreme Court Uninsured Motorist Benefits Case Enforces 30-Day Notice Requirement

05 Tuesday Nov 2013

Posted by Celia C. Elwell, RP in Court Orders, Personal Injury, Uninsured Motorist

≈ Comments Off on Pennsylvania Supreme Court Uninsured Motorist Benefits Case Enforces 30-Day Notice Requirement

Tags

Notice Requirement, Pennsylvania Supreme Court, Uninsured Motorist

Pennsylvania Supreme Court Revisits Notice Requirement in UM Cases, by Daniel E. Cummins, TORT TALK

http://www.perma.cc/085wjhMSgfT

In an uninsured motorist benefits case that has gone all the way up the appellate ladder, back down again, and, now, all the way back up, the Pennsylvania Supreme Court in the matter of Vanderhoff v. Harleysville, No. 98 MAP 2012 (Pa. October 30, 2013)(Opinion by Eakin, J.), the court addressed the following issues:

(1) What constitutes “actual prejudice” to relieve and insurance company of its obligation to pay insurance benefits to an insured?

(2) Should “actual prejudice” involve proof by an insurance carrier that it suffered a real material impairment of its ability to investigation and defend an uninsured claim?

(3) What constitutes a reasonable basis for a trial court finding that prejudice exists in a late report of a phantom vehicle?

In its majority Opinion, the Court essentially held that all three issues are really part of the same test.

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Legal Writing

13 Sunday Oct 2013

Posted by Celia C. Elwell, RP in Brief Writing, Citations, Court Orders, Legal Writing

≈ Comments Off on Legal Writing

Tags

Brief Writing, Citations, Court Orders, Legal Writing

A Manual for Writing Legal Opinions, Legal Skills Prof Blog
http://bit.ly/1cdVyDb

How U.S. Fifth Circuit Read Briefs, by Raymond Ward, Louisiana Civil Appeals Blog
http://bit.ly/16waJGQ
(Also mentioned by Jeff Richardson in his post on iPhone J.D. Blog under Legal Technology.)

How Many Cases Should I Cite?, by Legal Writing Prof, Legal Writing Prof Blog
http://bit.ly/16vykHJ

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