Tag Archives: Reversal Rates

How Important Are Standards of Review?

Appellate lawyers think about arguments in terms of the applicable standard of review, as that is the lens the court will use to evaluate an appeal.  There are four main standards of review: Under “de novo” review, an appellate court decides an appeal without any deference to the lower court’s decision. Review for “clear error” … Continue Reading

Pillorying the Sixth Circuit: Sensational Claims About “Dysfunction” Make Headlines But How True Are They?

In an article about an ethics decision that cleared a bankruptcy judge of misconduct for membership in an exclusive country club alleged to discriminate, Adam Liptak of the New York Times says the Sixth Circuit is an “odd institution” that is “surely the most dysfunctional federal appeals court in the nation.”  An article in the ABA … Continue Reading

Reversal Rates In The Sixth Circuit, AKA, The Importance Of An Excellent Brief

It is generally understood that federal appellate courts do not often reverse or remand, but the actual statistics are not as well-known.  The yearly Judicial Business Report, put out by the Administrative Office, gives the statistics for every circuit.  In 2009, the Sixth Circuit decided 590 appeals in private civil appeals on the merits of … Continue Reading