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Judges Dissenting Opinions

Fox Rothschild LLP

Are North Carolina Court of Appeals Judges Dissenting Less?

Fox Rothschild LLP on

Until recently, a single judge sitting on a panel of the North Carolina Court of Appeals could tee up an issue for the Supreme Court of North Carolina simply by filing a dissenting opinion. N.C. Gen. Stat. § 7A-30(2) allowed...more

Morrison & Foerster LLP - Left Coast Appeals

Know Your En Banc Ninth: The Dissents Stay Dissents

In 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...more

McDonnell Boehnen Hulbert & Berghoff LLP

Is It Time for Federal Circuit to Rethink Its Subject Matter Eligibility Jurisprudence? 

The Federal Circuit's inchoate attempts to fashion a consistent, rational application of the Supreme Court's recent subject matter eligibility jurisprudence, while understandably Herculean in view of the difficulties inherent...more

Morrison & Foerster LLP - Left Coast Appeals

Know Your En Banc Ninth: Birds of a Feather

Last 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...more

Morrison & Foerster LLP - Left Coast Appeals

Know Your En Banc Ninth: Who Decides?

Last 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...more

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