News & Analysis as of

Oral Argument

New Supreme Court Term to Kick Off With Argument in Class Action Waiver Cases

On July 19, 2017, the Supreme Court of the United States released the October 2017 term’s calendar for oral arguments, including the date it will hear oral argument in the three consolidated class action waiver cases that are...more

Instradent v. ITC: Federal Circuit Oral Argument Highlights Concerns Regarding Parallel ITC, IPR, and District Court Proceedings

On July 11, 2017, Federal Circuit Judges Prost, O’Malley, and Chen heard oral arguments in the appeal captioned Instradent USA, Inc. v. ITC, No. 16-2336 (Fed. Cir.), and, on July 19, 2017, issued a Rule 36 judgment affirming...more

Case Update: In Consumer Data Breach Case, Eleventh Circuit Indicates Concern over Scope of FTC’s Enforcement Actions

by Dorsey & Whitney LLP on

On June 21, 2017, the Eleventh Circuit Court of Appeals heard oral argument in LabMD, Inc. v. FTC, Case No. 16-16270, a case that is being carefully watched to see if it will clarify the limits of the Federal Trade...more

Does the California Supreme Court Average More Questions to the Losing Side?

by Sedgwick LLP on

Yesterday, for post no. 1,000 we reviewed the academic literature on question-counting in oral arguments, and began comparing the past year, May 2016-May 2017, at the California and Illinois Supreme Courts. Every researcher...more

Blog Post No. 1,000: Comparing Oral Argument in the California and Illinois Supreme Courts

by Sedgwick LLP on

I thought we’d do a first today: comparing the two Supreme Courts we study in the same post. Specifically, since I’ve had the honor of appearing at both the California and Illinois Supreme Courts, I thought we’d compare the...more

What Could We Infer From Chief Justice Fitzgerald’s Question Patterns in Criminal Cases?

by Sedgwick LLP on

Last week, we continued our analysis of the Court’s oral arguments between 2008 and 2016 with a look at former Chief Justice Fitzgerald’s patterns in civil cases during the two years before he retired, 2008-2010. This week,...more

LabMD – FTC Face-Off Continues Over FTC’s Data Privacy Authority

by Patrick Law Group, LLC on

The U.S. Court of Appeals for the Eleventh Circuit recently heard oral arguments in LabMD, Inc. v. Federal Trade Commission, the long-running dispute over the FTC’s authority to impose liability for data security breaches...more

What Could We Infer When Chief Justice Fitzgerald Asked the First Question in Civil Cases?

by Sedgwick LLP on

Yesterday, we began our review of the limited data from civil cases in which Chief Justice Fitzgerald both participated in oral argument and voted between 2008 and 2010. Today, we wrap up our look at the civil docket. As...more

What Could We Infer From the Pattern of Chief Justice Fitzgerald’s Questions in Civil Cases?

by Sedgwick LLP on

Our review of the Court’s oral arguments between 2008 and 2016 continues this week with Chief Justice Thomas Fitzgerald. Since Chief Justice Fitzgerald retired in 2010, our data is more limited than it is for other Justices....more

What Can We Infer From Chief Justice Karmeier’s Question Patterns in Civil Cases?

by Sedgwick LLP on

For the past two weeks, we’ve been reviewing Justice Thomas’ question patterns in oral arguments since 2008, and whether it’s possible to infer his likely vote and whether he’s writing an opinion. This week, we turn to Chief...more

Will County Prosecutors Be Subject to the PA Right-to-Know Law?

by Pepper Hamilton LLP on

The Pennsylvania Supreme Court recently heard oral argument in a case that could drastically hamper the ability of reporters, defense attorneys and other citizens to get records from county prosecutors....more

What Can We Infer From Justice Thomas’ Question Patterns in Criminal Cases?

by Sedgwick LLP on

Last week, we analyzed the pattern of Justice Thomas’ questions in oral arguments in civil cases. This week, we address Justice Thomas’ patterns in criminal cases. When Justice Thomas is in the majority, he questions the...more

Supreme Court Hears Oral Argument To Resolve Circuit Split On Scope Of Personal Jurisdiction

by Ellis & Winters LLP on

On April 25, 2017, the United States Supreme Court heard oral argument in a case that could finally clarify the scope of a court’s personal jurisdiction. The case is Bristol-Myers Squibb Company v. Superior Court of...more

What Can We Infer When Justice Thomas Asks the First Question in a Civil Case?

by Sedgwick LLP on

On June 6, 2017, we analyzed whether we can infer Justice Thomas’ votes and whether or not he’s writing an opinion based upon the pattern of his questions at oral arguments in civil cases. Today, we ask a different question...more

What Can We Infer From Justice Thomas’ Question Patterns in Civil Cases?

by Sedgwick LLP on

Last week, we completed our two-week examination of Justice Kilbride’s patterns in oral arguments for civil and criminal cases between 2008 and 2016. Today, we begin our examination of Justice Thomas’ patterns. In Table...more

Spotlight on Upcoming Oral Arguments – June 2017

In this appeal from the PTAB, the Federal Circuit will address whether the Board exceeded its authority in an inter partes review by sua sponte raising a conception/lack of inurement defense on behalf of Petitioner HTC. ...more

What Can We Infer When Justice Kilbride Asks the First Question in Criminal Cases?

by Sedgwick LLP on

Yesterday, we analyzed whether it’s possible, based on all oral arguments in criminal cases between 2009 and 2016, to infer from watching Justice Kilbride’s question patterns in criminal cases how he’s voting, and whether...more

What Can We Infer From Justice Kilbride’s Question Patterns in Criminal Cases?

by Sedgwick LLP on

Last week, we analyzed the pattern of Justice Kilbride’s questions in oral arguments in civil cases, asking whether it’s possible to infer who Justice Kilbride will vote for and whether or not he’s writing an opinion. This...more

What Can We infer When Justice Kilbride Asks the First Question in Civil Cases?

by Sedgwick LLP on

Yesterday, we asked whether we can infer anything about Justice Kilbride’s vote and whether he’s writing an opinion, based on the pattern of his questions in oral argument. Today, we ask a slightly different question – can...more

What Can We Infer From Justice Kilbride’s Question Patterns in Civil Cases?

by Sedgwick LLP on

Over the last two weeks, we’ve reviewed Justice Freeman’s question patterns in civil and criminal cases. This week, we’ll be reviewing Justice Kilbride’s patterns with his questioning in civil cases. Justice Kilbride...more

What Can We Infer When Justice Freeman Asks the First Question in a Criminal Case?

by Sedgwick LLP on

Yesterday, we showed that unlike many of his colleagues, Justice Freeman does not tend to ask the party he’s voting against more questions at oral argument – he averages more questions to the appellants in every scenario. ...more

What Can We Infer From Justice Freeman’s Question Pattern in Criminal Cases?

by Sedgwick LLP on

Last week, we looked at the pattern of Justice Freeman’s questioning in oral arguments in civil cases, analyzing whether he tends to ask more questions of the party he will ultimately vote against, and what impact writing an...more

Oral Argument Key Points: Impression Products, Inc. v Lexmark Int’l, Inc.

by Fish & Richardson on

The Supreme Court heard oral argument in Impression Products, Inc. v Lexmark Int’l, Inc. on March 21, 2017, and will issue an opinion before June 26, 2017. This short article summarizes the oral argument with a focus on the...more

What Can We Infer From Justice Garman’s Question Pattern in Criminal Cases?

by Sedgwick LLP on

Last week, we looked at the data from the past nine years’ oral arguments in civil cases, analyzing how Justice Garman’s vote, and whether or not she’s in the majority, impacts her question patterns. We also looked at...more

Sandoz v. Amgen Supreme Court Oral Argument

On April 26, 2017, the U.S. Supreme Court heard oral arguments in Sandoz Inc. v. Amgen Inc., Nos. 15-1039, 15-1195, concerning Sandoz’s petition and Amgen’s cross-petition from the Federal Circuit’s July 2015 decision. Both...more

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