Monday, April 5, 2010

"A Friend Indeed"

Horvitz & Levy partner M.C. Sungaila has written an insightful article analyzing the increasing “prevalence and influence of amicus briefs.”

Her research shows amicus briefs, “once rare,” recently have been filed in 92% of civil cases at the US Supreme Court and 60% of civil cases at the California Supreme Court. The average number of amicus briefs per civil case ranges from approximately 10 at the US Supreme Court to 4 at the California Supreme Court.

Amicus briefs “‘increase[] the likelihood of a grant of certiorari . . . and influences litigant success on the merits.’”  The courts’ opinions regularly refer to issues raised in amicus briefs.  In many cases, the opinions mention amicus briefs by name.

Not all amicus briefs are created equal. To find out who are the most influential amici and how their briefs can be the most persuasive, read M.C.’s engaging and effective article.