If I appeal my case, will an opinion be published by the court?

Appealing a case in the federal appeals court does not necessarily mean that you will have a published opinion. Some circuits do not publish all opinions; others have special rules about relying on “do not publish” decisions as precedent. In fact, there may not even be an opinion because the Court of Appeals sometimes just “affirms on the opinion below” and thus does not feel the need to write one.

West Publishing has been the exclusive publisher of federal appeals decisions since the establishment of the courts. The appeals decisions are published in the “Federal Reporter” series.

Does the court have discretion to publish?

Yes. There are many cases that come through the appeals court that are too sensitive to publish. For instance, cases involving minors are traditionally never published. In addition, some attorneys will file a motion to seal the record. This means that all paperwork dealing with the case will be placed in a confidential file and may never be published.

When are motions to seal the record used?

Motions to seal the record are used for cases where there is confidential or sensitive information that should not be released to the public. An example would be a case involving confidential business information. Instead of forcing the business to release the information to the public, they may request that the record be sealed. This process ensures that litigants will not refuse to file simply because their personal information may be revealed by the court.

What cases are typically published?

Landmark decisions and those involving important aspects of the law are usually published. In fact, sometimes the importance of the decision outweighs the client’s right to secrecy. In those instances, as much information as necessary is changed in the appellate court’s brief to ensure that none of the parties are adversely affected by the publishing.

In general, the vast majority of appeals are not published. It is typically not because of a sealed record or even to protect parties, but simply because the Court of Appeals simply affirmed the lower court’s decision and did not write its own opinion.

Case Studies: Published Opinions in Federal Appeals Court

Case Study 1: Published Opinion

John Doe appealed a decision regarding a landmark environmental law. The federal appeals court recognized the significance of the legal issue at hand and decided to publish an opinion. The opinion served as a valuable precedent for future cases and contributed to the development of environmental law.

Case Study 2: Sealed Record

Jane Smith was involved in a highly sensitive legal matter concerning trade secrets. Both parties agreed to file a motion to seal the record to prevent the release of confidential business information. As a result, the case remained confidential, and no opinion was published by the court.

Case Study 3: Affirmance Without Opinion

Sarah Johnson appealed a lower court’s decision regarding a personal injury claim. The federal appeals court affirmed the decision without writing a separate opinion. This is a common occurrence when the appeals court agrees with the lower court’s reasoning and does not find it necessary to provide additional analysis.