Previous month:
September 2022
Next month:
December 2022

October 2022

Defendant’s right to appeal summary judgment in co-defendant’s favor

Let’s say that Plaintiff sues Defendants A and B, and each defendant pleads the comparative fault of the other defendant. Defendant A moves for and is granted summary judgment, and Plaintiff decided to forgo an appeal. Can Defendant B appeal? This question has divided the Louisiana courts of appeal, with the Fourth Circuit recently holding that Defendant B cannot appeal. Today the Louisiana Supreme Court reversed that judgment and held that Defendant B can appeal, regardless of whether Plaintiff also appeals. Amedee v. Aimbridge Hospitality LLC, 2020-OC-1906 (La. 10/21/22). To hold otherwise, the Court explained, would be patently unjust, as it would deprive Defendant B of the right to assert Defendant A’s fault as an affirmative defense.

My presentation today at the LSBA’s “Bridging the Gap” seminar

Today I’m giving a one-hour presentation on appellate practice at the Louisiana State Bar Association’s Bridging the Gap seminar for newly sworn-in lawyers (mostly those who took the July 2022 bar exam). For anyone who’s interested, here are links to my written materials and my slide show. The written materials are substantially revised, not only to update them but also to reorganize them for easier reading. I hope they’re helpful.