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It is common knowledge that obtaining a reversal in federal appellate court is tough. But how tough? Well, the federal appellate court numbers are in for 2022, and the picture is dire for appellants. In the Seventh Circuit Court of Appeals, private civil cases had a reversal rate of 13.6%, followed by civil appeals involving the United States at 10.2%. Criminal appeals were at 10%. For comparison, in the neighboring Sixth Circuit Court of Appeals, private civil cases had a reversal rate of 13.4%, followed by civil appeals involving the United States at 12.5%. Reversals in criminal appeals in the Sixth Circuit were exceedingly rare: 5%. These figures thus confirm conventional wisdom. The message for appellants is clear: parties pondering an appeal should be wary of the stark odds in determining whether to invest the time, money, and stress of appellate litigation.

About the Author
Christopher Keleher clerked for the Hon. William J. Bauer of the U.S. Court of Appeals for the Seventh Circuit.  This unique opportunity provided Mr. Keleher with an invaluable understanding of the inner workings of an appellate court.  He saw what persuades judges and what does not, and utilizes this knowledge every time he writes an appellate brief. The Keleher Appellate Law Group handles all phases of appellate litigation in federal and state courts across the country. Read more here.