Tag Archives: Reversal Rate

Appellate Courts and Caseload Pressure

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

Sixth Circuit Decision in Class Certification Appeals

Because of the significant size of the jury verdicts or, more likely, the settlements of class actions, questions of class certification carry significant weight. However, it is not just monetary consideration that makes class actions so important. One element of aggregate litigation that is most frequently discussed is the due process considerations that need to … Continue Reading

Surprising Changes In Reversal Rates In The Sixth Circuit

We have previously looked at the rates at which the Sixth Circuit reverses the various district courts (see here and here), noting that the average and overall reversal rate fluctuates between 16% and 18%.  Our clients are always interested in the reversal rates and we are frequently asked to ballpark the odds of winning a particular … Continue Reading


The Supreme Court recently handed down its decision in Freeman v. United States, which reversed an unpublished decision by the Sixth Circuit regarding the Federal Sentencing Guidelines.  The case involved a retroactive guideline change that addressed the disparity in penalties between crack cocaine and powder cocaine.  Mr. Freeman sought to obtain a sentence reduction based … Continue Reading