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How not to comply with word-limit rules

First Circuit to amicus: “You’re not my friend.”

A couple of days before Christmas, the Louisiana First Circuit gave a lesson in what not to do when seeking to file an amicus curiae brief. In Barfield v. Bolotte, 2015-0847 (La. App. 1 Cir. 12/23/15), the First Circuit denied a would-be amicus’s motion for leave to file a brief. Here is the money quote:

While our review of the motion reveals the law firm’s clients have an obvious interest in the outcome of this case, we find that the law firm’s motion does not meet the basic requirement of stating specific reasons why the amicus curiae brief would be helpful to or aid this court in deciding the instant appeal. Instead, the law firm offers general “experience as a friend of the court” without any indication regarding their aid or any suggestion that current counsel and the parties represented in the instant lawsuit will somehow not sufficiently present all relevant legal arguments on appeal. We also note that the law firm’s amicus curiae brief raises issues and theories of law that were not considered by the BTA or district court and have not been raised by the parties involved in this appeal. The law is well settled that issues not raised by the parties cannot be raised by amicus curiae on appeal. [Case citations omitted.] Thus, we deny the law firm’s motion for leave to file an amicus curiae brief.


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Nicole Gould Frey

I think the lesson to story is that if you object to amicus briefs, it will be sustained. Look up the definition of amicus and compare it to the reason behind the ruling.

Nicole Gould Frey- Author of the amicus brief submitted to aid Bolotte's cause.

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