Please read “Mulling Modifications,” the latest “Exceptionally Appealing” column by Duane Morris partner Benjamin Shatz and associate Sylvia (Yoo Jin) Cheong in the Daily Journal.
Mulling Modifications
Appellate Algebra Alert!
Assume you’re in federal court and you decide you need to petition the 9th Circuit for a discretionary interlocutory appeal of some sort. For example, this could be a petition under Federal Rules of Civil Procedure rule 23(f) to appeal an order granting or denying class-action certification. Federal Rules of Appellate Procedure rule 5 sets forth the procedures governing such an “Appeal by Permission.”
Read the full version of this month’s “Exceptionally Appealing” column from Partner Benjamin G. Shatz at the Daily Journal.
Duane Morris Appellate Lawyers Recognized by Chambers USA
We are pleased to announce that three Duane Morris Appellate division lawyers have been recognized by Chambers USA.
Here’s what clients are saying about our appellate lawyers:
- “[Rob Byer’s] ability to synthesize complex issues into short, concise arguments, and his natural talents for the back and forth of an appellate proceeding are nothing short of amazing.”
- “Robert Palumbos is in the upper echelon of appellate lawyers. He is very intellectual and he has a complex practice.”
- “Benjamin Shatz is one of the best qualified appellate lawyers with whom I have had the pleasure of working.”
Los Angeles Lawyers
Benjamin Shatz: Litigation Appellate
Pittsburgh Lawyers
Robert L. Byer: Litigation: Appellate
Philadelphia Lawyers
Robert M. Palumbos: Litigation: Appellate
9th Cir. 2025 Annual Report
The Ninth Circuit Court of Appeals has posted its 2025 Annual Report.
The Chief Judge’s summary message notes that the Ninth Circuit “continued to be the nation’s busiest federal appellate court, accounting for 22.8% of all new appeals nationally, with 9,544 appeals, up 17.2% from fiscal year 2024.” In 2025, the Circuit added one new judge (Eric C. Tung) and saw the passing of two senior judges (Andrew Kleinfeld and Sandra Ikuta). The median time for an appeal to be on the docket at the court was 11.9 months (down .8 months from 2024) , with the median time for briefing at 6.7 months and the median time from oral argument to opinion at 1.4 months. Ruling on 730 petitions for rehearing en banc, only 30 made it to a vote, and the court granted only 11 (the same number as in 2024). See p. 56.