Appellate

By John Polyzogopoulos on October 11, 2019

Jump To: Table of Contents | Civil Decisions | Criminal Decisions | Ontario Review Board Good afternoon. Following are this week’s summaries of the civil decisions of the Court of Appeal for Ontario. In McKitty v. Hayani, the court determined that the definition of death at common law includes neurologically determined death (ie. brain death). The other, more common, method of determining death is cardiorespiratory failure (heart stops beating). The Court determined that which of…

California Supreme Court Review

How Long Typically Passes from the End of Briefing to Oral Argument in Civil Cases, 1990-2019?

By Kirk Jenkins on October 11, 2019

Today, we reach a critical milestone in civil litigation at the Supreme Court: the average lag time from the last brief – regardless of whether it’s a party reply brief, an amicus brief or a supplemental brief – to the oral argument. Because of California’s rule that cases must be decided within ninety days following submission, this lag time is a proxy for the period in which the Court is working up and deciding the…

Sixth Circuit Appellate Blog

Opioid Update: Sixth Circuit Won’t Halt Bellwether Trial (and more)

By Benjamin Beaton & Barrett Block on October 10, 2019

Today the Sixth Circuit issued much-anticipated rulings rejecting bids by Ohio and the industry defendants to halt the upcoming opioid MDL bellwether trial. And as noted below, in other venues the opioid litigation has seen recent notable action from another key state plaintiff and Judge Polster. Sixth Circuit denies “drastic and extraordinary” mandamus relief – The four-page order avoided ruling on Ohio’s meaty federalism argument that municipal litigation usurps its parens patriae authority to pursue…

Persuasion Matters

From Prosecutor to Defender: Benny Switches Sides on “Bull”

By Kacy Miller on October 10, 2019

Justice delayed is far from ideal, but it’s better than life behind bars. This column is supposed to address the realities and absurdities of jury consulting as depicted in CBS’ “Bull.” But what’s an author to do when the episode has little to no actual jury consulting in the storyline? You dig deep and find something else to write about. So, this week, I’m addressing four scenes that piqued my interest. But first, a disclaimer:…

California Supreme Court Review

How Long Does Supplemental and Amicus Briefing Typically Take in Civil Cases, 1990-2019?

By Kirk Jenkins on October 10, 2019

Last week we reviewed the data for how long party briefing typically took in civil cases at the Supreme Court. This week, we’re looking at the next guideposts. The Supreme Court accepts additional briefs in nearly all its civil cases: amicus briefs; responses to amicus briefs; and supplemental briefs. How long does extra briefing typically take? In 1990, the average civil case took 218.57 days from the reply brief to the final extra brief. That…

On Brief: Iowa's Appellate Blog

Legal status of Grant Wood paintings at stake in case to be argued before Iowa Supreme Court Oct. 11 in Iowa City

By Rox Laird on October 9, 2019

The Iowa Supreme Court, sitting at the University of Iowa College of Law Oct. 11, will hear arguments in an appeal that could determine the fate of seven Grant Wood paintings that have been displayed in Coe College’s library for 62 years. The argument is scheduled for 10:30 a.m. at the Levitt Auditorium on the University of Iowa campus. [Go to On Brief’s Cases in the Pipeline page to read the briefs in the case,…

Illinois Supreme Court Review

How Important is Publication at the Appellate Court for Getting Supreme Court Review in a Civil Case?

By Kirk Jenkins on October 9, 2019

Yesterday, we showed that the Supreme Court regularly reviews roughly three civil cases which were unanimous decisions at the Appellate Court for every decision which had a dissenter below. Today, we’re looking at a similar question – how often does the Court review unpublished decisions? Between 1990 and 1995, the share of published cases below on the Court’s civil docket was generally in the low eighty percent range. But in 1996, it fell to 61.82%. …

Illinois Supreme Court Review

How Important is a Dissent at the Appellate Court for Getting Supreme Court Review in a Civil Case?

By Kirk Jenkins on October 8, 2019

One often hears that in order to successfully petition for leave to appeal to the Supreme Court, a dissenter at the Appellate Court is crucial. But is it true? Today, we’re reviewing the Court’s civil docket. In order to look at the data across the entire thirty years, we calculate the percentage of civil cases each year where there was a dissenter below. Between 1990 and 1999, only about one in every four civil cases…

MS Litigation Review & Commentary

Botched: IHL and the Ole Miss Chancellor Hire

Posted on October 8, 2019

Adam Ganucheau’s article on Mississippi Today is the best I’ve read on the IHL board’s hiring of Glenn Boyce to be the next chancellor of Ole Miss. It captures a lot of my thoughts on the process. I have no opposition to Dr. Boyce, in theory. I like his story. He seems qualified on paper. It was fine to hire him. Just not like this. My biggest reservation about Boyce is that anyone who would…

Sixth Circuit Appellate Blog

Reviewing the Sixth Circuit’s Performance at the Supreme Court, OT2018 — Part One

By Benjamin Beaton & Scott Coyle on October 7, 2019

During October Term 2018 (“OT2018”), the Supreme Court reversed less than two out of every three cases – its lowest reversal rate in three years. The Sixth Circuit fared particularly well (4 affirmances, 3 reversals), joining the Eleventh and D.C. Circuits as the only circuits to post a winning record. Notably, the Court did not affirm or reverse the Sixth Circuit along familiar ideological lines. The two most frequent votes for reversal, for example,…

Appellate

COURT OF APPEAL SUMMARIES (OCTOBER 7 – OCTOBER 11 2019)

How Long Typically Passes from the End of Briefing to Oral Argument in Civil Cases, 1990-2019?

Opioid Update: Sixth Circuit Won’t Halt Bellwether Trial (and more)

From Prosecutor to Defender: Benny Switches Sides on “Bull”

How Long Does Supplemental and Amicus Briefing Typically Take in Civil Cases, 1990-2019?

Legal status of Grant Wood paintings at stake in case to be argued before Iowa Supreme Court Oct. 11 in Iowa City

How Important is Publication at the Appellate Court for Getting Supreme Court Review in a Civil Case?

How Important is a Dissent at the Appellate Court for Getting Supreme Court Review in a Civil Case?

Botched: IHL and the Ole Miss Chancellor Hire

Reviewing the Sixth Circuit’s Performance at the Supreme Court, OT2018 — Part One

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