The other day, while wandering around the U.S. Fifth Circuit’s web site, I came across this statistical snapshot for July 1, 2015 – June 30, 2016. Here are some of the numbers of interest to civil practitioners:
- Reversal rate in private civil cases (U.S. not a party): 16.6%
- Petitions for panel rehearing filed: 240
- Panel rehearings granted: 3 (1.25%)
- Petitions for rehearing en banc: 194
- En banc rehearings granted: 7 (3.6%)
The lessons from these numbers:
- The best way to win at the Fifth Circuit is to represent the appellee.
- The time to win is on original reconsideration. The odds of turning it around on rehearing are almost as slim as the odds of a grant of certiorari by the Supreme Court.