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Faultless Reversal
February 1, 2020, The Writ, “Appellate Briefs”
In an article reviewing empirical research on judicial decisions, the authors addressed whether “aversion to reversal can produce undesirable, strategic effects on judicial decisions.” Rachlinski, Jeffrey J. and Wistrich, Andrew J., Judging the Judiciary by the Numbers: Empirical Research on Judges, 13 Annual Review of Law and Social Science (2017). Noting the low rates of appellate reversal throughout the federal courts (“approximately 15% of appealed cases are reversed”), the article’s literature review identified studies that “support[ed] the conclusion that avoiding reversal matters to judges.” Id. at 10. Such reversal aversion could be caused by “embarrass[ment] by reversal or irritat[ion] by the extra work resulting from a remand.” Id. at 10. One recent reversal by the Nevada Supreme Court should not cause the trial judge any embarrassment though, as the Court itself took responsibility for the error leading to reversal. Reif by & through Reif v. Aries Consultants, Inc., 135 Nev. Adv. Op. 51, 449 P.3d 1253 (Oct. 10, 2019). To read the entire article click here.
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In 2024, McDonald Carano celebrated its 75ᵗʰ Anniversary of serving Nevada’s legal, business, government, and civic communities. More than 60 lawyers and government affairs professionals serve Nevada, national, and international clients from our offices in Reno, Las Vegas, and Carson City. McDonald Carano provides transactional, litigation, regulatory, and government affairs services to startups, corporations, private companies, trade associations, nonprofits, public entities, high-net-worth individuals, and family offices throughout Nevada. We are deeply committed to supporting local communities by volunteering our time, resources, and services, including pro bono legal services, to nonprofit organizations, charitable foundations, and public service entities. We are proud to be your Nevada law firm since 1949.
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