We recently came across Judge Solis’ decision in United States v. HCA Health Services of Oklahoma, Inc., 09-CV-0992, 2011 WL 4590791 (N.D. Tex. Sept. 30, 2011). Judge Solis stated: “All Parties puts their citations in footnotes. In this District and according to Blue Book Rule B2, citations should be presented in the text of the brief.” We agree that it’s best to put citations in the body of the brief, so the reader won’t have to refocus his or her attention between the body of the brief and the footnotes. Putting tons of footnotes in the brief also is not aesthetically pleasing, at least to us.
Not all Judges in the Northern District of Texas, however, follow this approach. For example, Judge Lynn often places citations to authority in footnotes. See, e.g., AT&T Intellectual Prop. I, L.P. v. Airbiquity Inc., 08-CV-1637, 2009 WL 774350 (N.D. Tex. Mar. 24, 2009).