The Sixth Circuit has a longstanding reputation for having lots of dissents and concurrences. We analyzed the last three years of opinions and found that the Sixth and D.C. Circuit have about twice the average number of dissents and concurrences opinions per case than other circuits. Partisan and ideological differences account for some dissents, in … Continue Reading
This post provides the latest statistics for a question we are frequently asked: what is the chance of obtaining a reversal on appeal. Private civil cases see the most reversals of any category at 13.4%, followed by appeals in bankruptcy and civil appeals involving the United States at 12.5%. In other words, the circuit reverses … Continue Reading
About a decade ago, this blog found that Sixth Circuit judges cited the Second, Seventh, and Ninth Circuits more often than any other circuit. When we controlled for the number of opinions, we found that opinions from the First, Seventh, Tenth and D.C. Circuits were three times more likely to be cited than opinions from … Continue Reading
The latest statistics on unpublished opinions show an important trend between the circuits. Across all circuits, 86% of written opinions are unpublished. That means they are not precedential, so they do not create circuit law. And most of those unpublished opinions, 69% of them in 2022, were also unsigned. The Sixth Circuit mirrors the general … Continue Reading
The Sixth Circuit has been slowly moving up the rankings for the time it takes to decide an appeal. A decade ago, the Sixth and Ninth Circuits took the longest time to each a decision. But while the Ninth Circuit remains slow (at 13.2 months), the latest statistics Sixth Circuit is now the third-fastest circuit, … Continue Reading
“How long will my appeal take?” A question clients always ask and lawyers often resist (and which always depend heavily on the individual facts of the case). But the data also shows that the average has continued to decline in the Sixth Circuit. In 2011, the average Sixth Circuit appeal took 15.5 months from the … Continue Reading
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
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
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
Just over half—51%—of appeals nationwide are commenced by pro se appellants, and last year, we endeavored to see how these pro se appellants fared in the Sixth Circuit. This year’s official federal court statistics give further insight into the Circuit’s overall pro se caseload. The Sixth Circuit slightly outpaced the national trend with a pro … 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
The Sixth Circuit has had lots of bad press over the past few years for its long string of reversals by the Supreme Court, mostly in habeas cases. Over the past term, the Supreme Court has granted certiorari in 11 cases from the Sixth Circuit and reversed in all but 2. While that sounds bad, … Continue Reading
Out of nearly 5,000 reported opinions in the last five years, no one will be surprised that the Sixth Circuit cited its own cases in all but five opinions. But what other circuits does the Sixth Circuit rely on? From the raw numbers, Sixth Circuit judges cite cases from the Second, Seventh, and Ninth Circuits … Continue Reading
In a previous post, we looked at how often various circuits issue unpublished opinions and the differences between their rules on published decisions. The Sixth Circuit’s most recent directive is that “[u]npublished decisions in the Sixth Circuit are, of course, not binding precedent on subsequent panels, but their reasoning may be ‘instructive’ or helpful.” Crump v. … Continue Reading
We have been following the average time from appeal to disposition for quite a few years now in response to the standard client question about how long an appeal will take. Back in 2011, we noted that the Sixth Circuit was averaging 15.5 months from the notice of appeal to the final disposition, and that … 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
In connection with the Supreme Court’s health care decision, many commentators doubted whether judges’ questioning at oral argument can be used to predict outcomes. Yet recent research has shown that the emotional content of a judge’s questions does predict voting patterns at the Supreme Court. We applied this research to the Sixth Circuit by looking … Continue Reading
We have previously reported on the Sixth Circuit’s affirmation of a class certification decision in In re Whirlpool Corporation Front-Loading Washing Products Liability Litigation, which involved washing machines that allegedly were susceptible to mold and mildew. We also reported on Whirlpool’s en banc petition, and the five amicus parties that supported the petition. The Court … Continue Reading
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
Continuing our prior posts on overlooked parts of the Sixth Circuit (see here, here, and here for example), this posts looks at the Office of the Circuit Mediators and the program’s practice and distinguishing features. The Sixth Circuit’s mediation office was founded in 1981 in an effort to decrease the court’s rapidly growing docket, and … Continue Reading
