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SCOTUS on Collegiate Sports

For a brief time, I'm posting some placeholder text here regarding the recent SCOTUS decision affirming limits on NCAA financial restrictions on student-athlete benefits. An initial write-up is planned for the June 25 Newsflash email, which will be included as an update here.

Basically, the fact that the NCAA took its objections to the US Supreme Court is, to me, a bit mystifying. What the trial court did and the 9th Circuit affirmed was to narrowly broaden the benefits schools may provide to students that mostly enhance, not detract from, the scholarly end of the student-athlete spectrum. And, it also seems to me, it did so in a way that does not seriously impair and may even enhance the ability of schools outside of the elite levels to compete.

Posted: June 24, 2021

Star Wars Decisis

In a move certain to provoke retorts that the comments amount to mere obiter dicta, the Ninth Circuit declares recent additions to the Star Wars franchise "mediocre and schlocky."

No word yet on whether Disney intends to request en banc review. The full opinion is available at Briseno v. Henderson, U.S. 9th Circuit # 19-56297 (6/1/2021). For Jonathan Turley's take, see Taking Judicial Notice? Ninth Circuit Denounces The Last Jedi As “Mediocre and Schlocky”

Posted: June 3, 2021

LASC: Amended Attorney Advertising Rules

The Louisiana Supreme Court issued amended attorney advertising rules on 5/6/2021. See below.

Posted: May 6, 2021

Adventures in Pro Se Pleadings # 5 - Federal Fraud and Terrorism Edition

Billions of dollars in claims were dismissed in one fell swoop by Judges Juneau and Summerhays in the Western District - Lafayette Division this week. Following his September 7, 2015 motor vehicle accident, Beau Derise alleges, Allstate conspired with Acadian Ambulance Service, Shell Oil Station, the World Bank of Hong Kong, New Iberia District Court, Lafayette Parish Sheriff Office, Seaside Hospital, Lafayette Public Library, Waste Management and Fed Ex Ship Center in acts of terrorism against him.

Judges Juneau and Summerhays order:

Mr. Derises complaints fail to state any plausible, nonfrivolous claims on which relief can be granted, he is he reby WARNED that the filing of any additional frivolous lawsuits will result in his being ordered to show cause why he should not be placed on the list of sanctioned/barred litigants for this district, so that he is barred from filing any action in the United States District Court for the Western District of Louisiana without first obtaining the approval and authorization of the chief judge.

Had Mr. Derise learned anything from his experience, he would have known the fix was in.

Posted: May 6, 2021

Re-deposing a Plaintiff - New Party

Magistrate Hanna of the WDLA - Lafayette Division provides a concise and well reasoned road map of the issues relevant to whether the court should grant a motion for leave to take a second, or, in this case, third plaintiff deposition. In the opinion below he orders the deposition to go forward on the motion of new defendants in the case with restrictions to prevent duplication.

Posted: March 31, 2021

Adventures in Pro Se Pleadings # 4 - Doomes Day Edition

Persistence pays off, unless you've been ordered to desist by a federal magistrate. But, even then it can earn an Adventures in Pro Se Pleadings post.

Following the court's March 9, 2021 ruling, we passed on the opportunity to feature Stacey Williams' filings ruminating on the mysteries of federal docket numbering, notarial practice, discovery procedure, demand for "Magistrate Erin J. Wilder Doomes to step down from presiding," and request "for Legal Protection from the most High and Lord Jesus Christ." When "the Lessor Magistrate Erin Wilder Doomes" beseeched her to stop doing whatever it is she's trying to do with a "final warning to Plaintiff regarding these issues," we assumed her 15 minutes of fame were over.

But no, we'll be damned (hopefully not by "Christ/Yahshua"), she went and did it again. Unfortunately, per the March 9 order, the new filings are STRICKEN FROM THE RECORD. But we know from Magistrate Doomes March 18 Ruling and Order that they "violate each of [her] prior warnings." In spite of it all, Magistrate Doomes maintains her composure throughout. We see no ground for recusal.

Posted: March 18, 2021

Predictions are Hard - Independent Negligence Lives

Just when it seemed like one could safely predict the future (of independent negligence claims against employers), a court flips the script. Not so Judge Dick in the MDLA. She granted two partial summary judgments dismissing independent negligence claims in Moats v. Knight Specialty Ins. Co., MDLA # 3:20-cv-00083; and Watlington v. Knight Global Trucking, LLC, MDLA # 3:19-cv-00553. But, in the Western District, Judge Cain "declined to follow the Erie guess made by other federal district courts," as well as the judgments of Louisiana state trial and appellate courts. Moreaux v. Clear Blue Ins. Co., WDLA # 2:18-cv-01255.

Posted: March 11, 2021

Respondeat superior: Latin for no independent negligence claims

Add Judge Dick's ruling in Zinamon v. STR Transport, Inc., USDC-MDLA # 3:19-cv-00656 to the growing list of judgments endorsing the rule that Louisiana law does not allow independent negligence claims against an employer stipulating to course and scope of employment.

Posted: Feb. 25, 2021

Adventures in Pro Se Pleadings # 3 - On Appeal

Louisiana's Code of Civil Procedure does not exempt pro se plaintiffs from asking for a jury or securing the right to jury trial with a bond. Nor does it, nor does the Louisiana Constitution, nor does the U.S. Constitution guarantee civil litigants a right to counsel.

So, having refused to put on a case, and after storming out of Judge Castle's court in protest of her refusal to seat a jury and appoint him counsel for trial, the Third Circuit affirms her judgment dismissing his claim for sexual harassment at work.

Posted: Feb. 4, 2021

Adventures in Pro Se Pleadings # 2

This series should have begun a long time ago, but ...

the best time to start is years ago, or now.

After repeated failures to explain why her medical malpractice lawsuit belongs in federal court, Judge Morgan dismisses plaintiff's suit again, this time with prejudice. Key quote:

The Court has previously recognized Plaintiff’s attempts to assert federal jurisdiction were frivolous. Defendants argue dismissal with prejudice is necessary, as Plaintiff has been undeterred by the Court’s prior dismissals. Plaintiff argues she did not submit her claim in bad faith, and has not intended to harass, delay, or embarrass the Defendants. The facts indicate otherwise.

Posted: Jan. 28, 2021