Any time you have to appeal a matter your butt is already in the burner. However, I don't think one can predict an outcome one way or another based on the time taken by a court. In addition, we are talking about a three judge panel. The logistics of accessing the electronically filed pleadings, arranging conference calls, etc. just add time to things like this. I would suspect that regardless of the decision of the court, it would provide some form of written opinion. No memorandum type rulings on this one.
The appellate court clearly has something to say on this at length, or they can't decide and are conflicted, or disagree with each other, and are venting. I suspect they and they clerks are using the F word a lot when thinking about Gibbs. If I were clerk there, I would have his face up as a dart board, if only for keeping me up all night without being eligible for overtime pay.