Monday, May 4, 2015

PJs visiting Ventura & Terrifying Judges

Recent decisions from 2/6, which has been down a justice since Justice Coffee's retirement years ago, show that PJ Gilbert and crew have been getting some help from Divisions in LA. Making the trek up north have been 2/4's PJ Epstein and 2/8's PJ Bigelow. So don't be surprised if you see a familiar face in a new venue when you next appear in Ventura.

Speaking of PJ Gilbert, the DJ runs his monthly column today, this one titled Terrifying Judges.


But all writers have an obligation to all of their readers - to be understood. We may fall short of this goal because we often write to understand. Writing through the problem gets the writer to a way station, a place of private understanding. This "stop" may be far from the final destination. The re-write for the reader tests the writer's understanding. 
It requires effort to express what we wish to say or write. And it requires effort to read with are so we do not make unwarranted assumptions. Even with these cautions, uncertainty is ubiquitous. 

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"An opinion ought to be written so that a reasonably intelligent reader knows what it means. The opinion ought to be concise and clear, not vague and obscure. The holding of a case should state a principle of law with sufficient clarity so that persons can carry on their affairs with reasonable predictability as to the legal consequences of their actions. If, however, an opinion can reasonably be susceptible to different interpretations, then the writer may have failed to meet his or her obligation.... We writers and readers of opinions should heed the admonition of Voltaire. 'Let all the laws be clear, uniform and precise: to interpret laws is almost always to corrupt them.'
(A Dict. of Legal Quotations (1987) p.18.)"



Also possibly of interest at Law360: High Court Limits Appeals Of Denied Bankruptcy Plans

Thursday, April 30, 2015

2d District pro tem update

The following are currently sitting on assignment:
  • Judge Helen Bendix of the Los Angeles Superior Court, will be sitting Pro-Tem in Division One until June 30, 2015
  • Judge Anne Harwood Egerton of the Los Angeles Superior Court, will be sitting Pro-Tem in Division Three until June 30, 2015
  • Judge Allan J. Goodman of the Los Angeles Superior Court, will be sitting Pro-Tem in Division Five until May 31, 2015
  • Judge Bruce G. Iwasaki of the Los Angeles Superior Court, will be sitting Pro-Tem in Division Seven until June 30, 2015
  • Judge Mary H. Strobel of the Los Angeles Superior Court, will be sitting Pro-Tem in Division Seven until May 31, 2015
2/3's PJ Lee Edmon wants your help: Help the State Bar revise the Rules of Professional Conduct.

On June 12 Bridgeport will be presenting a 3-hour MCLE on Post Trial motions in California at the DTLA Biltmore. Details here.

Updated 9th Circuit Resources

The Appellate Lawyer Representatives' Guide to Practice in the Ninth Circuit has been updated as of August 26, 2015 and is now available here.

And the Ninth Circuit's Immigration Outline has been updated as well, here.

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And new appellate case statistics are here.

Monday, April 27, 2015

At a loss for words?

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1,000 words to be precise. As Howard Bashman has very ably chronicled at How Appealing, the proposal to limit the word count in federal court appears to be progressing via a compromise that would reduce the word count from 14K to 13K. See Federal Appellate Briefs Might Have to Be Shorter.


Image result for taming butterfliesOn the oral advocacy side of the practice, see Taming the Butterflies Before a Supreme Court Argument, about lucky ties, special dinners, and other rituals before a big argument.
[And to read the arguments, click here and here.]

For even more excitement, how about a $58K sanctions award for filing a frivolous appeal (here)?

Thursday, April 23, 2015

Lights, camera, roll 'em... On 5/5/15


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Image result for the sessions movie posterImage result for chicago movieToday's LA Times presents After Court Adjourns, 9th Circuit Judge's Movie Nights Are A Hit here, about the movie nights at the Ninth Circuit, started by Judge Kozinski.
Image result for lights camera actionKozinski holds the event, known as KFF or Kozinski's Favorite Flicks, three or four times a year, usually at the San Francisco courthouse or at the 9th Circuit's building in Pasadena, where Kozinski is based. A film buff who has his own Internet Movie Data Base page, Kozinski started movie night years ago after learning that many of the law clerks in Pasadena had never seen "12 Angry Men," the Henry Fonda classic about a holdout juror.
See also 9th Circuit Judge Opens Courthouse Doors to Public for Free Movie Night in the ABA Journal. (Posters for recent KFF showings posted here.)
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The next KFF (showing United 93) is Cinco de Mayo at 6:30 (courthouse tours at 5:45), with special guest Ron Meyer (cofounder of CAA and head of Universal Studios). Not only will there be pizza, Kozainski's (aka Donna's) famous hand-crafted salad, beer and snacks, but in the spirit of Cinco de May, there will be margaritas. RSVP here.