1. § 101 Motion Success After Alice (Nationwide)
Since the initial flurry of § 101 decisions post-Alice, there has been a decline in successful or partially-successful § 101 motions nationwide, with a possible leveling out this year:
2014: 71%
2015: 59%
2016: 49%
Q1 2017*: 53%
*Through March 31, 2017
Percent of Cases

2. § 101 Motion Success After Alice
Section 101 motion practice has been heavily skewed towards a small number of districts. In fact, approximately 54% of post-Alice § 101 motions have been decided in four districts: D. Del. (73), E.D. Tex. (53), N.D. Cal (38), and C.D. Cal (36).
Despite the national trend of decreasing § 101 success rates, outcomes vary by jurisdiction. In fact, some jurisdictions seem to resist the trend, or at the very least, are slower to adopt the new CAFC guidance.

3. § 101 Motion Success After Alice (D. Del.)
Percent of Cases

4. § 101 Motion Success After Alice (E.D. Tex.)
Percent of Cases

5. § 101 Motion Success After Alice (N.D. Cal.)
Percent of Cases

6. § 101 Motion Success After Alice (C.D. Cal.)
Percent of Cases

7. § 101 Motion Success After Alice (10 Most Active Jurisdictions)
The top 10 jurisdictions with the most active § 101 motion practice (73%) are:
When considered together, these 10 jurisdictions follow the national trend of declining § 101 motion success:
2014: 80%
2015: 56%
2016: 43%
Q1 2017: 42%
C.D. Cal.
M.D. Fla.
D. Del.
N.D. Cal.
D. Mass.
N.D. Ill.
E.D. Tex.
S.D.N.Y.
E.D. Va.
W.D. Tex.
Percent of Cases