Ninth Circuit Appellate Advocacy Clinic Co-Director Mark Kressel Quoted on Reversals of Ninth Circuit Decisions -- Law360

Ninth Circuit Appellate Advocacy Clinic Co-Director Mark Kressel is quoted in the Law360 article, "Reversals of Ninth Circuit at High Court Last Term Show a Pattern." The article considers the frequency of Supreme Court reversals of Ninth Circuit rulings this past term. Kressel commented on the Ninth Circuit judges' practice of dissenting from denial of rehearing en banc.

Excerpt from "Reversals of Ninth Circuit at High Court Last Term Show a Pattern"

Those dissents were particularly visible this past term, according to Mark Kressel, a partner at Horvitz & Levy LLP and co-director of Pepperdine University School of Law's Ninth Circuit Appellate Advocacy Clinic. 

The justices explicitly referred to those dissents from denial of rehearing en banc in several of their own decisions, he pointed out, a strong indication that those dissents were one of the reasons they chose to consider those cases.

"Sometimes they might give more weight, for example, to a judge's Ninth Circuit dissent from denial of rehearing en banc than they will to the actual cert petition," Kressel said.

The Pepperdine Caruso Law Ninth Circuit Appellate Advocacy Clinic represents clients in appeals before the Ninth Circuit Court of Appeals, most often in civil rights cases for clients who cannot afford private counsel. Additional information may be found at Ninth Circuit Appellate Advocacy