News & Analysis as of

Oral Argument

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

Is There a Correlation Between the Time Under Submission and the Result in Criminal Cases (2010-2016)?

by Sedgwick LLP on

Yesterday, we demonstrated that while affirmances generally are pending longer in California from grant of review to argument to decision, the evidence is more equivocal in Illinois, at least on the civil side. Today, we...more

Is There a Correlation Between the Time Under Submission and the Result in Civil Cases (2010-2016)?

by Sedgwick LLP on

Last week, we looked at the average time under submission at the Illinois Supreme Court from allowance of the petition for leave to appeal to oral argument to decision. Over at the California Supreme Court, we’ve shown that...more

TC Heartland LLC v. Kraft Foods Group Brands LLC -- 98 Professors Chime In

As we reported last week, the Supreme Court will hear oral arguments in the TC Heartland LLC v. Kraft Foods Group Brands LLC case on Monday March 27. In that previous report, we covered the background of the case, and...more

Are Longer-Pending Cases More Likely to Be Affirmances in the Criminal Docket? (Part 2 – 2008-2016)

by Sedgwick LLP on

On March 23, 2017, we showed that affirmances in civil cases between 2008 and 2016 have tended to be pending for longer both between the grant of review and oral argument, and between argument and decision, than reversals...more

The U.S. Supreme Court Hears Oral Argument in Much Anticipated Patent Exhaustion Case

On Tuesday, the U.S. Supreme Court heard oral argument in the highly anticipated case regarding the patent exhaustion doctrine, Lexmark Int’l, Inc. v. Impression Prods., Inc., No. 15-1189...more

Are Longer-Pending Cases More Likely to Be Affirmances in the Civil Docket? (Part 2: 2008-2016)

by Sedgwick LLP on

Last week, we demonstrated that the time from grant to oral argument and argument to decision was longer between 2000 and 2007 for affirmances than it was for reversals, both in civil and criminal cases. This week, we look...more

How Long Do Criminal Cases at the Illinois Supreme Court Remain Pending?

by Sedgwick LLP on

Yesterday, we began our review of lag times at the Illinois Supreme Court with a review of the Court’s civil cases from 2010 to 2016. Today, we turn our attention to the Court’s criminal cases. We have grant-to-oral...more

Practice Tips Learned From the Inaugural PTAB Bar Association Conference

by Brinks Gilson & Lione on

The newly formed PTAB Bar association held its inaugural conference in Washington, D.C. from March 1-3. More than 400 people were in attendance, including a mix of practitioners, in-house counsel, PTAB administrative law...more

How Long Do Civil Cases at the Illinois Supreme Court Remain Pending?

by Sedgwick LLP on

For the next couple of weeks, we’ll be taking a brief time off from our look at the Court’s oral arguments in order to look at an issue we’re studying over on California Supreme Court Review – what can be inferred from the...more

Are Longer-Pending Cases More Likely to be Affirmances in Criminal Cases? (Part 1 – 2000-2007)

by Sedgwick LLP on

On March 16, 2017, we showed that between 2000 and 2007, affirmances took somewhat longer in civil cases than reversals did. Today, we address the Court’s criminal cases for the same years. We report the data for lag...more

Are Longer-Pending Cases More Likely to be Affirmances in Civil Cases? (Part 1 – 2000-2007)

by Sedgwick LLP on

For the past two weeks, we’ve been reviewing the average time civil and criminal cases have remained pending from grant of review to argument to decision. This week and next, we’ll be addressing whether there is any...more

Does a More Active Bench Indicate That the Court Will Reverse in Criminal Cases?

by Sedgwick LLP on

On March 14, 2017, we established that all things being equal, the Illinois Supreme Court has tended to ask somewhat more questions in civil cases where they reverse than in cases where they affirm. Today, we address the...more

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