How do Rule 23(f) petitions fare in the Ninth Circuit?
- The 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. Sigel and Adam L. SorensenLast 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. Sigel and Adam L. SorensenLast 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. Sigel and Adam L. SorensenNinth 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. Sigel and Adam L. SorensenIn 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. Sigel and Adam L. SorensenLast 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. Sigel and Adam L. SorensenLast 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... ›
Know Your En Banc Ninth: Who's On It?
By: James R. SigelEn banc proceedings are a central feature of the Ninth Circuit, which regularly revisits its panel decisions. Ninth Circuit en bancs come with a special twist: the uncertainty of which judges will hear the case. Given the Court’s size—currently 29 active judges—having all eligible... ›