For those of us who substantially practice in Pennsylvania’s appellate courts, the chance of reversal has been anecdotally estimated to be between 5 percent and 10 percent. From my appellate experience, it seems the lowest rate of reversal is in the Pennsylvania Superior Court. From reading the daily Internet publications of both precedential and nonprecedential opinions, Superior Court decisions are by and large dominated by criminal, family law, personal injury and trust and estate appeals. Those matters appear to have the lowest rate of reversals—often affirmed by nonprecedential memorandum opinions.
In our practice, wherein appeals tend to turn on nonevidentiary questions of law, there appears to be a slightly higher rate of reversal, as one might expect from a de novo review. However, reversals are nonetheless rare.
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