Previous month:
December 2017
Next month:
February 2018

January 2018

Can you appeal denial of arbitration by a La. state court?

Here’s an interesting issue that I came across today. The Federal Arbitration Act includes a provision allowing an immediate appeal of an order refusing to enforce an arbitration clause. See 9 U.S.C. § 16(a)(1). But suppose that a case governed by the FAA is in a Louisiana state court. Under La. Code Civ. P. art. 2083, an interlocutory judgment cannot be appealed unless an appeal is “expressly provided by law.” Is a Louisiana trial court’s order denying arbitration appealable to a Louisiana court of appeal. In at least two circuits (the Fourth and the Fifth), the answer is “no.” Despite the FAA, a party to a Louisiana case seeking appellate review of an order denying arbitration must apply for a supervisory writ. See Saavedra v. Dealmaker Developments, 2008-1239 (La. App. 4 Cir. 3/18/09), 8 So. 3d 758, 761–62; and Allen v. Valero Energy Corp., 06-726, pp. 3–4 (La. App. 5 Cir. 1/9/07), 951 So. 2d 370, 371–72.


Write like a president.

Oseid Communicators in ChiefThis book is next up on my reading list: Communicators-in-Chief by Julie Oseid, a law professor at the University of St. Thomas School of Law. In this book, Prof. Oseid examines the writing style and habits of five American presidents, focusing on one quality at which each excelled: Thomas Jefferson (metaphor), James Madison (rigor), Abraham Lincoln (brevity), Ulysses S. Grant (clarity), and Teddy Roosevelt (zeal). For each president, Prof. Oseid offers some biographical background, insights into his writing habits, and some examples of his best writing. There’s also a chapter on the presidents’ reading habits and favorite books.


DRI Appellate Advocacy Seminar

If you want or need high-quality appellate CLE, DRI has what you need—in Las Vegas. The DRI Appellate Advocacy Seminar will be held on March 14–15 at the Planet Hollywood Resort. It’s being held in conjunction with the DRI Trial Tactics Seminar, with a joint session being held on the afternoon of March 15. The faculty includes six appellate judges. Also on the lineup is Bryan Garner, who will talk about using canons of textualism to construct legal arguments. As a bonus, you can stick around on the morning of March 16 for additional CLE with the trial-tactics folks without any additional cost.

Oh, in case you’re board-certified in Louisiana as an appellate specialist, or if you intend to apply for that specialization this year, DRI has applied to the Louisiana Board of Legal Specialization for specialized CLE accreditation. From reading the brochure, it looks like it’ll be good for 9 hours of specialized CLE credit. (For specialists in other states, DRI has applied for specialized CLE accreditation to California, Florida, Ohio, and Texas.)