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Order Compelling Additional Medical Exam - Memoranda in Support and Opposition

Middle District Magistrate Richard Bourgeois granted a defense motion to compel an additional defense medical and neuropsychological exams. The court's ruling is posted at Senegal v. Anderson, 3:20-cv-00544 (USDC-MDLA 11/15/21). The memoranda in support and opposition are posted below.




Posted: Nov. 17, 2021

Insurance Property Damage Bad Faith MSJ - Memoranda in Support and Opposition

Supplementing the CompQuantum hearing report on Judge Cain's Memorandum Ruling in Big Brothers/Big Sisters of Southwest Louisiana I v. Amguard Ins. Co., 2:21-cv-00092 (USDC-WDLA 11/08/21), the memoranda in support and opposition are posted below.




Posted: Nov. 15, 2021

Guillory v. USA trial documents

Supplementing the trial post with Judge Cain's written ruling, the following trial documents include:

  • Judgment;
  • Ruling;
  • Plaintiff Post-trial Memo;
  • Defense Post-trial Memo; and
  • Trial minutes.



  • Posted: Nov. 15, 2021

    Adventures in Pro Se Pleadings # 6 - Rooker-Feldman Folies Edition

    Among the things we learn from Coreygerard Dowden's abortive attempt to obtain relief from the alleged state court injustice of "racketeering without any Due Process" in the act of "stolen AwAy" his property is that he doesn't know how to go about it. One defendant, CDC Judge Julien, puts and end to the litigation with her 12(b)(1) and 12(b)(6) motion which EDLA Judge Ashe uses to dispose of the entire lawsuit. Among her arguments, Judge Julien relies on U.S. Constitution Eleventh Amendment immunity and the Rooker-Feldman doctrine which bars federal "jurisdiction to entertain collateral attacks on state court judgments."




    Posted: Oct. 19, 2021

    The Mootness Doctrine - JBE v. the Legislature ends in a stalemate

    One can't help but suspect that the 1st Circuit was more than happy to put a dagger in the heart of this one:


    Posted: Oct. 7, 2021

    Aftermath

    Apparently, Orleans and Jefferson Parishes will not have power for a while. Some say weeks, but let's hope Entergy can find a temporary solution before that.

    East Baton Rouge Parish was spared the worst, but power there too is a problem. The Advocate today published the following updates on open businesses and school closings:

    What's open: Where to buy hot meals and groceries in the Baton Rouge area after Hurricane Ida

    Hurricane Ida: East Baton Rouge schools, LSU, more closed for full week; see latest list

    West of the Mississippi things are fairly normal and, thankfully, forecasters are not predicting a second Ida landfall near Lake Charles.


    Posted: Aug. 31, 2021

    COVID on Campus

    Armed with WDLA Judge Doughty's recent order granting plaintiffs' TRO in Magliulo v. Edward Via College of Osteopathic Medicine, 3:21-cv-02304 (WDLA 8/17/2021); the Louisiana Department of Justice has put the state's public university systems on notice that student rights vis-a-vis vaccine mandates must be respected.

    Now that the FDA approved Pfizer's vaccine, new arguments must accommodate changed circumstances. Judge Doughty obliquely acknowledges as much with his footnote 11 ("It should also be noted that all of the COVID-19 vaccinations are under emergency use authorization and have not yet been fully approved by the FDA.") However, nothing in the constitutional analysis, application of Louisiana's Preservation of Religious Freedom Act (La. R.S. 13:5232), or the state's prior school vaccination laws (La. R.S. 17:170) address regulatory approval as a relevant fact. The Louisiana House of Representatives' May 10, 2021 Resolution 20 recognizes "mandated COVID-19 vaccines for colleges and universities" and the right to refuse under 21 U.S.C. 360bbb – 3(e)(1)(A)(ii)(III).

    Posted below are Judge Doughty's opinion, the La. DOJ amicus brief filed in his court and the department's August 23, 2021 letter sent to each of Louisiana's four university systems.






    Posted: Aug. 27, 2021

    The ABA and law school accreditation

    The Law & Liberty blog questions the role of the American Bar Association as the "de facto gatekeeper of the legal academy.

    The ABA's Long March Continues


    Posted: Aug. 24, 2021

    Latest Federal Court COVID-19 Orders
    EDLA - Jury Trials Suspended
    WDLA - Mask Mandate
    MDLA - Remote Operations and Mask Mandate

    EDLA - Jury Trials Suspended Until 9/20/2021

    Chief Judge Brown issued COVID-19 GENERAL ORDER NO. 21-11 on August 18, 2021, suspending all civil and criminal trials until September 20, 2021. The Order does not extend deadlines, reserving that decision to the presiding judge in each case.

    COVID-19
    GENERAL ORDER NO. 21-11



    WDLA - Mask Mandate

    Chief Judge Hicks issued an Order on August 9, 2021, mandating masks regardless of vaccination status for entry into federal courthouses of the Western District of Louisiana.

    SIXTEENTH SUPPLEMENTAL ORDER REGARDING COURT OPERATIONS
    UNDER THE EXIGENT CIRCUMSTANCES CREATED BY THE COVID-19 PANDEMIC



    MDLA - Remote Operations and Mask Mandate

    For the latest COVID-19 Orders regarding operations in the Middle District of Louisiana and a video message from Chief Judge Dick, see:

    Court Operations Curtailed during COVID-19 Outbreak (see Administrative Orders)


    Posted: Aug. 19, 2021

    Paid Your Dues lately?
    Mandatory Bar Membership on Trial

    Within days of paying my dues, I learned we may not have to. Or, to be more precise, according to the U.S. 5th Circuit, Texas lawyers don't have to belong to their state bar. But, the logic of its opinion seems to apply in Louisiana.

    Professor Dane Ciolino is already on the case: Must Louisiana lawyers join bar association? Maybe not, federal court says

    The issue is a question of free association. Professional organizations that spend on activities not "germane" to professional governance cannot require membership as an occupational requirement. The 5th Circuit opinion is below.




    Posted: July 8, 2021