In light of recent events, this order by Judge Scola describing a denial as “barbaric and immoral” has gone viral.
Since the stories almost never linked to the original order, here it is. #appellatesky
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Bluesky · Hashtag
#appellatesky
53
posts · 30d
8
users
2
posts / day
6.6
posts / user
+ 14% vs last week
#appellatesky is an active hashtag on Bluesky. In the last 30 days, 8 people shared 53 posts with it — around 2 a day. Activity is up 14% versus the previous week, peaking on Jul 10 with 7 posts.
#appellatesky posts per day (last 30 days)
Posts with #appellatesky
“Some people believe with great fervor preposterous things that just happen to coincide with their self‑interest.” Coleman v. Comm’r of Internal Revenue, 791 F.2d 68, 69 (7th Cir. 1986) (Easterbrook, J.). #appellatesky
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This is the entirety of the "argument" in a reply brief filed by two licensed attorneys in Texas.
Dear reader, the appellant did not prevail.
#appellatesky
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It happened again.
An attorney filed a brief in the Dallas Court of Appeals citing four cases that neither opposing counsel nor the court could locate.
Last week the court gave counsel 10 days to file copies of the four cases.
This will not end well.
#appellatesky
6 42 154
A Houston judge told a jury that "beyond a reasonable doubt" can be as low as "60 percent." This morning the 14th Court of Appeals reversed my client's conviction because of that comment. #appellatesky
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This sort of thread was a staple of #AppellateTwitter. Now that we're here at #AppellateSky (#SkyPellate?) let's do it!
My most important advice: prepare to answer the judge's questions directly. Yes. No. I disagree. Explain after answering.
This rule puts you in the right mood.
Jen Taylor @dicejailjen.bsky.social
Who has oral argument tips? I’m preparing for my first one and I am requesting all the advice!!
9 8 108
As of today, I have more followers here, after about of month of active engagement, than I ever had on the Other Site after years and years. And my sense is that the #AppellateTwitter and #LawTwitter communities are still making the #AppellateSky and #LawSky migrations. We still need more judges!
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Imagine just boppin' along, livin' your life, and then BAM! SCOTUS says "oh hai, we want to hear oral argument from you in less than a month on what will probably be the most important cases of the term that aren't even on the real docket. Good luck!" #appellatesky
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The attorney has filed a response. #appellatesky
"Undersigned counsel sincerely regrets the oversight of relying on third-party
research without independent verification. This has been a humbling and
embarrassing lesson in the importance of verifying every citation at its source."
Doug Gladden @dougthelawyer.bsky.social
It happened again. An attorney filed a brief in the Dallas Court of Appeals citing four cases that neither opposing counsel nor the court could locate. Last week the court gave counsel 10 days to file copies of the four cases. This will not end well. #appellatesky
6 22 92
As if by magic, one of my opinions drops as I board a plane for couple of days off.
#AppellateSky
6 2 82
Pulled up one of my old briefs to get some case law from it.
And I found a typo.
The opportunities for embarrassment in this profession never end.
#appellatesky
5 3 73
Eqbal v Blanche: #5thCir vacates BIA dismissal of appeal of denial of #asylum, w/holding of #removal & CAT protection: IJ's credibility determination not supported by record & infected entirety of decision #immigration #appellatesky #lawsky baffc.net/45R8sc4
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Adler v Energy Debt: #5thCir affirms dismissal of suit seeking priority payment of note in #bankruptcy: claim precluded by cash collateral order; concurrence discusses judicial estoppel #appellatesky #lawsky baffc.net/4q37UsU
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MAPP v Floor & Decor: #5thCir affirms denial of motion to arbitrate former contractor's claim: discretionary #arbitration clause was adhesionary/unenforceable under #LAlaw #concur #appellatesky #lawsky baffc.net/4ghzDmp
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US v Deluna: #5thCir affirms conviction/sentence for woman who repeatedly misrepresented she was purchasing #guns for herself when she was receiving commissions to purchase for others; discusses confessions, other evidence #appellatesky #lawsky baffc.net/4hlOm0J
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Knighton v Benton County: #5thCir dismisses appeals, determines #qualifiedimmunity & summary judgment issues in claims against clerk, parole officer & deputy stemming from forced drug test of woman who later lost child custody #appellatesky #lawsky baffc.net/4hTimkK
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Castelan v Taylor: #5thCir reverses denial of #qualifiedimmunity for TX detention facility administrator who failed to timely transmit appointed counsel paperwork after plaintiff's detention #SixthAmendment #LoneStar #appellatesky #lawsky baffc.net/4whvcgu
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Bodin v New Orleans: #5thCir, in challenge to #NOLA's #shorttermrental licensing scheme, affirms dismissal of prospective hosts' Takings Clause claim & @Airbnb's claim of preemption under Communications Decency Act #appellatesky #lawsky baffc.net/4wElUMh
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Polk v Crawford: #5thCir reverses denial of preliminary injunction in challenge to 60yo TX law requiring escrow-officer licensees to live in state contiguous to TX: plaintiff likely to prevail on #ArtIV Privileges & Immunities
#appellatesky #lawsky baffc.net/4q3kAjQ
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Crane v Penske: #5thCir reverses summary judgment for motor carrier in wrongful death case: originally hired carrier was driver's statutory employer even though it outsourced to 2nd carrier who outsourced to 3rd carrier #appellatesky #lawsky baffc.net/4yYGh8F
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Holloway v P&G: #5thCir affirms summary jm for employer on #racediscrimination, #retaliation, #whistleblower claims; concurring judges welcome opportunity to revisit precedent #TitleVII #Rule56 #employmentlaw #McDonnellDouglas #appellatesky #lawsky baffc.net/4q5af6Y
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Saravia Martinez v Blanche: #5thCir split panel dismisses as untimely petition for review of order reinstating #removal of Salvadoran native, finds equitable tolling not appropriate #concur #dissent #immigration #appellatesky #lawsky baffc.net/458AHTp
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Liedtke v Austin: #5thCir reverses summary judgment for city on former APD officer's #sexdiscrimination & #retaliation claims that presented fact-bound disputes; finds hostile-work-environment claim forfeited #employmentlaw #appellatesky #lawsky baffc.net/4w43P9h
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