As appellate attorneys, one of the most frequent questions we are asked is the chances of reversal. The likelihood of obtaining a reversal on appeal is always a very individual question—it requires a close look at the facts of the case and the legal questions raised by the appeal, and a host of other factors. … Continue Reading
An interesting paper has been making the rounds discussing how appellate courts react to caseload pressure. After September 11, 2001, the Second and Ninth Circuits had a large influx of immigration appeals that affect the other circuits, and the paper uses this as a “natural experiment.” In his paper, Mr. Shay Lavie characterizes the Second Circuit … Continue Reading
Recently released federal court statistics for FY 2013-2014 revealed a number of interesting points about the circuits’ varying publication tendencies, and couple of interesting points about the Sixth Circuit in particular. We have previously covered the Sixth Circuit’s tendency to follow national appellate statistical trends, and this year was no exception. The Circuit was solidly … Continue Reading