Nearly two years ago, we commented on the increasing frequency with which federal courts of appeals issue per curiam, and often short and unsigned, opinions. Specifically, we noted that the use of such opinions had increased significantly 2013, year over year. This increase was consistent with the general modern trend toward per curiam opinion. This … Continue Reading
While all eyes are currently on a vacancy at the Supreme Court, we should not overlook circuit-level vacancies. Not including senior judges, the Sixth Circuit has positions for 16 judges, but with one vacancy, only has 15 active judges. The vacancy, created when Judge Martin retired on August 16, 2013, has existed on the court … Continue Reading
In the 12 months ended June 30, 2015, the Sixth Circuit terminated 4,858 cases. Of the total cases terminated, 3,515 were terminated on the merits, meaning that they were terminated either through consolidation with another case, after the submission of the parties’ briefs, or after oral argument. A review of the judicial statistics surrounding the … Continue Reading
Just over a year ago, we examined the propensity of the Sixth Circuit to uphold district courts’ decisions to grant summary judgment for employers in cases tagged as “Labor & Employment” cases. As can be seen in our 2014 review, the Sixth Circuit upheld 60% of summary judgment decisions in favor of the employer. We … Continue Reading
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
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
In February of 2014, we posted an analysis of the Sixth Circuit’s dealings with Daubert claims dating back to 2010. Over that four year period, the Sixth Circuit reversed fives cases on the basis of the district court’s application of Daubert v. Merrell Dow Pharmaceuticals. In four of the five reversed cases, the Sixth Circuit … Continue Reading
On more than one occasion, we have discussed the Sixth Circuits use of visiting judges. Specifically, we have noted the Sixth Circuit’s heavy reliance on visiting judges. While the Sixth Circuit’s use has decreased, the percentage of cases heard by visiting judges continues to exceed almost all other circuit courts. In the review of case … Continue Reading
Last fiscal year, the Sixth Circuit terminated 2,638 appeals on the merits, ranking its caseload fifth among the federal circuits by this metric. Not surprisingly, this correlates with the Circuit’s average case resolution time of 9.8 months from the filing of notice of appeal to final order or disposition, which makes it the fourth-longest resolution … 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
*This is the third in a series of posts about the certification of questions of state law. Earlier posts can be found here and here. The practice of certifying questions to state supreme courts is well established, and each state supreme court within the Sixth Circuit’s jurisdiction — Kentucky, Ohio, Michigan and Tennessee — accepts … Continue Reading
We have previously reported on the Sixth Circuit’s caseload and the trend toward the use of unpublished opinions. We’ve discussed that the number of published decisions per judge, the opinions that are the most important to create precedent, are fairly consistent throughout all circuits. But the latest statistics show an interesting trend toward the use … Continue Reading
Two of the most important issues for deciding when to appeal are often the chances of success and how long will it take to get a decision. This post briefly addresses the newly released statistics for 2012. Because it is an important part of the decision whether to appeal, we have often covered reversal rates … Continue Reading
Since 1997, the federal courts have maintained annual statistical profiles for each of the 12 circuits of the U.S. Court of Appeal and the 94 U.S. district courts, together with statistical totals for those courts. In recent days, the newest compilation was published for the fiscal year that ended on September 30, 2012. The Sixth … Continue Reading
It has long been the case that a judicial clerkship in the chambers of a U.S. Supreme Court justice is among the most coveted positions for young attorneys. The clerkship experience on the High Court is itself prized, and there is no denying that such a position opens the door wide for opportunity in the … Continue Reading
As the first Monday in October is right around the corner, it is appropriate to take another look at how the Sixth Circuit has fared recently at the U.S. Supreme Court. A recent article in BNA provides an interesting starting point for that discussion. The article takes a novel view to considering how much the … Continue Reading
We recently noticed a very interesting law review article by Marin Levy in the Duke Law Journal entitled “The Mechanics of Federal Appeals: Uniformity and Case Management in the Circuit Courts.” The premise of the article is a good one: that case management at the federal appellate courts is an often overlooked subject and one … Continue Reading
As we previously reported, the Sixth Circuit did not have an en banc sitting in June of this year, which was somewhat unusual. Based on a recent article in the Michigan Bar Journal, however, this may be part of a trend. The recent article notes that the Sixth Circuit issued only two en banc decisions in … Continue Reading
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
