The front page of the LA Times on Saturday had Their community in ashes, the Palisades Symphony finds solace in music featuring Justice Helen Bendix, “one of the 16 members of the symphony and the chorale who had lost their homes.” And the Opinion section of the LA Times on Sunday had Editorial: Finally, the Supreme
“Plain Error” versus “Fundamental Error”
I was reading through CA4’s recent opinion in Le Doux v. Western Express, Inc., ___ F.4th ___ (4th Cir. 2025), when I came across this footnote:
Western Express and Worthy contend that we review the decision for plain error because Le Doux never briefed or argued in the district court whether Virginia law permits a
Llewellyn v. Fechtel: Do you think 8,984 RFAs are enough?
Sometimes I worry that AI is going to replace lawyers. And then the universe hands me an opinion like Llewellyn v. Fechtel, showing that nothing that able to pass the Turing test could ever do our jobs.
Llewellyn is a trusts-and-estates case; basically, Fechtel claimed the Llewellyn breached her fiduciary duties as trustee. The
AI teaches legal writing
The Recorder has Davis Wright Tremaine Turns to Gen AI to Teach Its Associates Legal Writing — The firm’s proprietary software DWT Prose gives writing recommendations based on the work product of the firm’s experienced attorneys.
Trial Court Cannot Require Transcript as Prerequisite to Appeal
You hate to see it: In Wolfe v. Wolfe, the ex husband filed a pro se motion to modify child support. The court granted the motion in part and denied it in part. In its final order, it said: “Should either of the parties wish to appeal they must at the moving party’s cost
9th Cir. Conference news
The DJ reports Retired Justice Kennedy urges civility at 9th Circuit conference — Senior 9th U.S. Circuit Judge Mary M. Schroeder also paid tribute to the late Justice Sandra Day O’Connor.On an evening that featured a heartfelt tribute to former U.S. Supreme Court Justice Sandra Day O’Connor, who died last December, former Justice Anthony M.
Claude 3 does SCOTUS
Adam Unikowsky has a fascinating Substack article about running SCOTUS briefs through Claude 3 (h/t Tyler Cowen at Marginal Revolution). Here’s a taste:
. . . I decided to do a little more empirical testing of AI’s legal ability. Specifically, I downloaded the briefs in every Supreme Court merits case that has been decided so
AI opinions arrive!
Law.com has Circuit Judge Uses ChatGPT in Deciding Appeal, Encourages Others to Consider It — In a proposal he said “many will reflexively condemn as heresy,” Judge Kevin Newsom suggests that those who follow an “ordinary meaning” approach to law should consider how AI-powered LLMs such as ChatGPT can “inform the interpretive analysis.”In a move
MPB on 70th Ann. of Brown v. Board
The Marble Palace Blog: AI Meets ‘Brown v. Board’Friday marks the 70th anniversary of the landmark Supreme Court decision “Brown v. Board of Education.” To celebrate the day, AI groups have gathered to bring new life to learning about the case.Here is a YouTube hint of how the project all came out: https://www.youtube.com/watch?v=RpBFyPm1OEY.Another
Appellate Mentorship Program Expands
Appellate Mentorship Program Expands to Court of Appeal Attorneys — Program aims to diversify pool of justices and attorneys working in the appellate courts.More than 50 people have graduated from California’s judicial mentorship program for aspiring appellate justices—the program’s newest goal is to also diversify the branch’s hundreds of appellate court attorneys, who help justices