US Supreme Court case marks debut for Stanford prof’s circuit split test | Reuters

The justices and their clerks are obviously quite experienced when it comes to qualitatively assessing purported circuit splits. But in a new amicus brief urging the Supreme Court to grant a petition by chipmaker Nvidia, Stanford Law School professor Joseph Grundfest told the justices about a new methodology he has devised to quantify the significance of circuit splits, based on what Grundfest calls the “market share” of the appellate courts on opposite sides of the split.

The new Grundfest test, which the professor laid out in more detail in a working paper, opens new tab titled Quantifying the Significance of Circuit Splits in Petitions for Certiorari: The Case of Securities Fraud Litigation, relies on two key metrics. The first, called “aggregate circuit split share,” estimates the economic consequences of the split, or, as Grundfest’s lawyers at Quinn Emanuel Urquhart & Sullivan explained in the Nvidia brief, “the aggregate share of the overall market implicated by the conflict.”

Source: US Supreme Court case marks debut for Stanford prof’s circuit split test | Reuters