News & Analysis as of

Oral Argument

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

Spotlight on Upcoming Oral Arguments – May 2017

Intervet v. E.I. DuPont de Nemours, No. 16-2131, Courtroom 402 - In this appeal, the Federal Circuit has been asked to determine whether the AIA eliminated district court review of post-AIA interference decisions, and if...more

Reminder: Supreme Court Arguments on April 26th in Amgen v. Sandoz

by Goodwin on

As a reminder to our readers, tomorrow the Supreme Court will hear oral arguments in Amgen v. Sandoz regarding the following questions: ..Whether a biosimilar applicant is required by 42 U.S.C. § 262(l)(2)(A) to provide...more

Supreme Court Preview -- Sandoz Inc. v. Amgen Inc. -- 180 Day Notice of Commercial Marketing Provisions of BPCIA

On Wednesday, April 26, the Supreme Court will hear oral arguments in Sandoz Inc. v. Amgen Inc, involving interpretation for the first time of the Biologics Price Competition and Innovation Act ("BPCIA"), which was enacted...more

Supreme Court Oral Argument in Sandoz v. Amgen

by Goodwin on

The Supreme Court held a 70-minute oral argument in Sandoz v. Amgen this morning. Before beginning the argument, the Chief Justice announced that the Court would give each side five extra minutes–a highly unusual step...more

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

by Sedgwick LLP on

Two weeks ago, we began our detailed analysis of the data on oral arguments in civil and criminal cases between 2008 and 2016. This week and next, we’ll be looking at Justice Rita B. Garman’s patterns in oral argument,...more

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

by Sedgwick LLP on

Yesterday, we reviewed the data on Justice Burke’s question patterns in criminal cases. Today, we ask a related question: if Justice Burke asks the first question, can we infer that she is likely writing an...more

What Can We Infer from Justice Burke’s Questioning Patterns in Criminal Cases (Part 1)?

by Sedgwick LLP on

Last week, we began our review of the individual Justices’ patterns in oral arguments, reviewing the data on Justice Anne M. Burke’s questioning in civil cases from 2008 to 2016. Today, we address Justice Burke’s patterns in...more

Our California Supreme Court Data Library More Than Doubles in Size

by Sedgwick LLP on

Fifty weeks (and just over a hundred posts) ago, we started the California Supreme Court Review, applying statistical and data analytic techniques to studying the decision making of the California Supreme Court. Our analysis...more

Is Justice Burke More Likely to Start the Questioning When She’s Writing an Opinion?

by Sedgwick LLP on

On April 12, 2017, we analyzed the data from nine years’ worth of oral arguments in civil cases, looking at correlations between Justice Burke’s question patterns, her voting and whether she wrote an opinion in a given case. ...more

What Can We Infer From Justice Anne M. Burke’s Questioning Pattern in Civil Cases (Part 1)?

by Sedgwick LLP on

This week we’re turning our attention to multiple issues: (1) does each individual Justice ask more questions of the prevailing or losing party in civil cases; (2) is the Justice’s pattern different when he or she votes with...more

Do Affirmances Take Longer in Non-Death Penalty Criminal Appeals (2008-2016)?

by Sedgwick LLP on

Yesterday, we looked at how much correlation there was between result and lag times in death penalty appeals between 2008 and 2016. Today, we’re looking at the non-death penalty criminal docket for the same period. We...more

Amgen v. Hospira: Federal Circuit Oral Argument Held

by Goodwin on

On April 3, 2017, the Federal Circuit heard oral argument concerning the discovery dispute between Amgen and Hospira in their litigation concerning Hospira’s proposed biosimilar of Amgen’s product Epogen®/ Procrit® (epoetin...more

Do Affirmances Take Longer in Automatic Death Penalty Appeals (2008-2016)?

by Sedgwick LLP on

For the past several weeks, we’ve been comparing the Court’s lag times – time to oral argument, and then oral argument to decision – for affirmances as opposed to reversals. We’ve determined that affirmances tend to take...more

Is There a Stable Relationship Between Time Under Submission and Result in Criminal Cases?

by Sedgwick LLP on

Yesterday, we studied whether there’s a constant relationship, year after year, between the ultimate result in civil cases and the lag time to a decision – the number of days from allowance of the PLA to oral argument, and...more

Is There a Stable Relationship Between Time Under Submission and Result in Civil Cases?

by Sedgwick LLP on

Last week, we showed that in contrast to the data for the California Supreme Court, time under submission from the allowing of the petition for leave to appeal to oral argument and argument to decision was longer at the...more

Do Affirmances Take Longer in Automatic Death Penalty Appeals (2000-2007)?

by Sedgwick LLP on

We’ve been reviewing the data for lag time from grant of review to oral argument to decision in criminal cases, dividing the data up to separate non-death and death penalty appeals, searching for an explanation of why lag...more

Do Affirmances Take Longer in Non-Death Criminal Cases (2000-2007)?

by Sedgwick LLP on

Over the past two weeks, we’ve demonstrated that in criminal cases as a whole, affirmances are pending substantially longer between grant of review and oral argument than reversals are – roughly 900 days more between 2000 and...more

TC Heartland v. Kraft: The Supreme Court Asks Tough Questions, Doesn’t Tip Its Hand After Oral Argument

On March 27, 2017, the U.S. Supreme Court heard oral argument in TC Heartland v. Kraft, a case that centers on where patent infringement lawsuits can be filed. Key Takeaways TC Heartland Argues: Stop Forum Shopping!...more

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