Supreme Court To Settle Longstanding Split Over Stays Pending Arbitration Appeals
- The Supreme Court just agreed to review an important question at the intersection of arbitration law and appellate practice. Its ultimate decision in the case could provide a major boost to defendants seeking to enforce arbitration agreements in circuits (including the Second and Ninth) where... ›
How do Rule 23(f) petitions fare in the Ninth Circuit?
By: Joseph R. PalmoreThe Ninth Circuit gets more requests to appeal class-certification decisions under Rule 23(f) than any other court. How do those requests fare? We take a look below, drawing from this invaluable nationwide study by Professor Bryan Lammon. Background Federal Rule of Civil Procedure 23(f)... ›
The Ninth Quickens its Pace
By: James R. SigelA Ninth Circuit appeal is generally a long-term endeavor. The Court itself tells parties that the likely “time-to-argument”—i.e. the time between a filing a notice of appeal and the Court hearing oral argument—is between 12 and 20 months, and even that range may sometimes... ›
MoFo Perspectives Podcast: New Solicitor General, New Positions?
By: Deanne E. Maynard and Joseph R. PalmoreIn this latest MoFo Perspectives podcast, MoFo appellate co-chairs Deanne Maynard and Joe Palmore speak on why the Biden Administration might change the government’s positions before the Supreme Court—and why it might not. This could matter to Ninth Circuit practitioners, as the government often... ›
Know Your Ninth Circuit Panel: Who Appoints Visiting Judges?
By: James R. SigelLast week , we explored where the Ninth Circuit’s many visiting judges call home. This week, we investigate a slightly different subject: which president appointed those visiting judges? Some court watchers have suggested that federal courts of appeals tend to invite visiting judges who... ›
Know Your Ninth Circuit Panel: Who Gets Invited?
By: James R. SigelLast week , we noted that the Ninth Circuit’s visiting judges together perform the work of roughly 6 additional Ninth Circuit judges. But who, exactly, secures an invite to help serve as these supplemental members of the Ninth Circuit? This week, we examine our... ›
Know Your Ninth Circuit Panel: Six Extra Judges
By: James R. SigelNinth Circuit appeals are not always decided by Ninth Circuit judges. Because of the Court’s nation-leading workload, the Ninth Circuit regularly relies on visiting judges to fill out the panels that hear and resolve cases. But who are these visiting judges, and exactly how... ›
Know Your En Banc Ninth: The Dissents Stay Dissents
By: James R. SigelIn the past two weeks, we’ve examined which judges tend to agree and disagree with one another when on the same en banc panel, and which of those judges tend to end up in dissent. This week, we look at whether the views of... ›
Know Your En Banc Ninth: Birds of a Feather
By: James R. SigelLast week , we continued our look at Ninth Circuit en bancs by examining which judges were most and least likely to dissent in the 60 en banc cases submitted and decided since December 2014.* This week, we look at cases featuring three key... ›
Know Your En Banc Ninth: Who Decides?
By: James R. SigelLast week , we began our look at the Ninth Circuit en bancs by examining which judges were most and least likely to be selected to en banc panels. This week, we address what these judges decide when selected: who tends to be in... ›