Supreme Court Strategy: When (and When Not) to Seek High Court Review

Episode Summary:  In this episode of Strategic Justice in Action, David Senoff, a founding partner of First Law Strategy Group, delves into the intricacies of Supreme Court strategy with Evan Mack. They explore the critical decision-making process lawyers face when considering whether to seek high court review. David explains the structural differences between state and federal Supreme Court reviews and intermediate appellate courts, emphasizing the importance of discretionary review and the factors that make a case a viable candidate for Supreme Court consideration. The discussion covers the significance of splits among lower courts, the role of amicus participation, and the broader policy implications that can influence the likelihood of review. Listeners gain insights into how Supreme Court strategy should fit into the broader lifecycle of a case, particularly in complex or high-stakes litigation. Key Timestamps: 00:01 – Introduction 00:33 – Supreme Court Review vs. Intermediate Appellate Court 01:55 – Criteria for Discretionary Review 03:21 – Importance of Lower Court Splits 05:02 – Factors Influencing High Court Review 06:05 – Strategic Considerations for Filing Appeals 07:02 – Framing Issues for Supreme Court Review 08:34 – Strategic Wisdom in Seeking Supreme Court Review 10:06 – Role of Statutory Interpretation 11:20 – Impact of Amicus Participation 13:05 – Case Example: Venue Decisions and Long-term Consequences 14:48 – Supreme Court Strategy in Litigation Lifecycle About the Show:  Strategic Justice in Action is a podcast for legal professionals and those interested in the strategic aspects of law. Hosted by David Senoff, the show offers insights into appellate advocacy, insurance, bad faith, and public policy litigation. Each episode breaks down complex legal topics with clarity and precision, providing listeners with actionable strategies and a deeper understanding of the legal landscape. Whether you're a seasoned attorney or someone interested in the intricacies of the justice system, Strategic Justice in Action delivers valuable content that informs and empowers.