Standard of Review Outline Available at 9th Circuit
The fellows over at the Drug and Device Law Blog have taken time away from their usual discussions of pharmaceutical and medical device product liability litigation to reflect upon the importance of the standard of review in appellate cases.
Recalling a former life as a clerk at the Ninth Circuit, DDL notes that “the ‘abuse of discretion’ standard of review meant that we should get out the ‘affirmed in a heartbeat’ stamp, while a ‘de novo’ standard of review meant that there would be a serious shooting match.”
DDL appropriately reminds appellate attorneys that the appellants wants to find a way to require de novo review, while the appellee benefits from characterizing the standard as clear error or abuse of discretion. They also offer a handy link to the Ninth Circuit’s standard of review outline, which is updated yearly with the most recent cases defining the standard of review for various issues.
Thanks to DDL for the timely reminder of the Ninth Circuit’s outline!
That guide is invaluable. It should only be a starting point for research . . . but what a starting point it is! I'm so glad I found it long ago, as I was handling my first Ninth Circuit appeal. It has saved many hours.