Sometimes, all you really want on appeal -- and you want it desperately -- is for the case to be reassigned to another district judge on remand. You'll make whatever arguments on the merits you can. But what you desperately need is for the Ninth Circuit to send the case back to a different judge.
Here's a perfect example.
Sometimes the procedural consequences of an appeal are equally as important -- or even more important -- than the substantive ones.
