Meritless Ninth Circuit Civil Appeal Getting You Down? Get It Decided—Summarily
Even meritless appeals that require little opinion-writing time can take a year or more to be processed by the court. The delay is made worse by the court’s seven judicial vacancies, with at least one more announced—nearly a quarter of the circuit’s allotment.
By Ben Feuer, California Appellate Law Group|April 11, 2018 at 01:50 PM
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In 2016, the average U.S. Court of Appeals for the Ninth Circuit appeal took nearly 16 months to wind from the notice of appeal to a conclusion. Even meritless appeals that require little opinion-writing time can take a year or more to be processed by the court. The delay is made worse by the court’s seven judicial vacancies, with at least one more announced—nearly a quarter of the circuit’s allotment.
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"One mantra which I heard regularly in manufacturing was involve the supplier early in the process.' This is such a simple and obvious idea that the rationale needed no explanation. As a supplier, I always appreciated being involved as early as possible. And so do clients in the legal services relationship."
In an amicus brief in a case that the Ninth Circuit referred to the D.C. Court of Appeals, the country's largest bar group said dissolved law firms should not be able to claim a property stake in unfinished client matters that travel with a partner to a new firm.
Although U.S. District Judge William Alsup appeared to lean the way of the six oil companies defendants on the merits at a hearing Thursday, he said he'll hold off ruling until he clears up jurisdictional issues that five of them have raised.
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