How Did Insurers Fare at the Supreme Court Between 2000 and 2009?

We saw yesterday that between 1990 and 1999, insurers did quite well in insurance law cases at the Supreme Court, winning twenty while losing only twelve. Things took a sharp turn with the new decade, however; between 2000 and 2009, insurers won only seventeen cases while losing nineteen. Between 2000 and 2002, insurers won only four cases while losing seven. Insurers were 4-2 in 2005, but the previous year, they lost all four cases at the Supreme Court. Between 2006 and 2009, insurers broke even, winning six while losing five.

Curiously, despite the overall record, insurers did okay in defending victories from the Court of Appeal, compiling a win-loss record of 7-8 – the same record they had for the 1990s. Between 2000 and 2004, insurers successfully defended only two of seven Court of Appeal wins. Insurers went 3-1 in 2005, and then split four decisions between 2006 and 2009.

On the other hand, insurers succeeded in getting seven decisions which they had lost at the Court of Appeal reversed by the Supreme Court, while losing ten cases. Between 2000 and 2002, insurers won only one of four cases. They won three straight in 2003, but lost all three decisions in 2004. Between 2005 and 2009, insurers obtained three reversals from lower court losses while four decisions were affirmed.

Join us back here next Thursday as we continue our examination of the Court’s experience with insurance cases.

Image courtesy of Flickr by Simon Davison (no changes).

How Did Insurers Fare at the Supreme Court Between 1990 and 1999?

Today, we’re beginning a series of posts examining the Supreme Court’s record with insurance law cases since 1990.

First, let’s look at the simplest data point: the won-loss record for insurer parties. Between 1990 and 1999, insurers did quite well at the Court, winning twenty cases while losing only twelve. Insurers won four of six cases in 1992 and three of six in 1997 before winning their last four in a row – two in 1998 and two in 1999.

Next, we divide the cases according to who won below. When the insurer won at the Court of Appeal, across the entire decade, insurers won seven cases while losing eight. Insurers lost their first four cases – three in 1990 and one in 1991 – before going 4-3 for the years 1997 through 1999.

In Table 1231, we report insurers’ won-loss record each year in cases the insurer lost below. Across the decade, insurers did very well: thirteen losses from the Court of Appeal were reversed, while only four were affirmed. Between 1990 and 1994, insurers succeeded in overturning all nine adverse decisions the Supreme Court reviewed.

Join us back here tomorrow as we look at the data for the years 2000 to 2009.

Image courtesy of Flickr by Sheila Sund (no changes).

What’s the Average Lag Time from Grant of the Petition for Review in Non-Death Penalty Criminal Cases to Oral Argument?

Today, we’re looking at the overall lag time data: the average period from the order granting the petition for review in non-death penalty criminal cases to oral argument.

The average was 392.57 days in 1990, 310.56 in 1991, 440.04 in 1992, 451.64 in 1993, 442.29 in 1994, 485.35 in 1995, 575.1 in 1996, 320.8 in 1997, 529.13 in 1998 and 495.19 days in 1999.

Average lag time was 500.55 days in 2000, 460.34 in 2001, 471.39 in 2002, 551.95 in 2003, 537.77 in 2004, 526.11 in 2005, 657.21 in 2006, 717.03 in 2007, 639.63 in 2008 and 550.86 days in 2009.

The average lag time was 572.47 days in 2010, 636.56 in 2011, 626.35 in 2012, 571.13 in 2013, 652.84 in 2014, 650.27 in 2015, 642.36 in 2016 and 1891.55 days in 2017 (the result of one considerable outlier). In 2018, average lag time was 864.72 days. In 2019, the average was 1090.28 days.

Join us back here next Thursday as we examine a new issue.

Image courtesy of Flickr by HarshLight (no changes).

What’s the Average Lag Time from Filing of the Final Brief in Non-Death Penalty Criminal Cases to Oral Argument?

Today, we’re reviewing the average lag time for our proxy for the Supreme Court’s decisional period in non-death penalty criminal cases: the lag time from the filing of the final brief – whether the reply brief, an amicus brief or a supplemental brief – to oral argument.

The average lag time was 262.47 days in 1990, 201.72 in 1991, 221.13 in 1992, 188.73 in 1993, 217.47 in 1994., 199.24 in 1995, 193.81 in 1996, 106.07 in 1997, 207.44 in 1998 and 280.4 days in 1999.

The average lag time was 268.48 days in 2000, 265.2 in 2001, 216.79 in 2002, 354.91 in 2003, 351.39 in 2004, 216.54 in 2005, 375.7 in 2006, 391.95 in 2007, 385.9 in 2008 and 273.03 days in 2009.

The average lag time was 265.85 days in 2010, 384.29 in 2011, 249.65 in 2012, 317.56 in 2013, 301.91 in 2014, 260.69 in 2015, 280.14 in 2016, 303.55 in 2017, 302.59 in 2018 and 422.67 days in 2019.

Join us back here tomorrow morning as we turn our attention to another landmark in non-death penalty criminal cases.

Image courtesy of Flickr by Ken Lund (no changes).

How Long Does Amicus and Supplemental Briefing Typically Take in Non-Death Penalty Criminal Cases?

In this post, we’re addressing the typical lag times involved between the end of party briefing in non-death penalty criminal cases and the filing of the final amicus or supplemental brief.

Because amicus and supplemental briefs are considerably less commonplace in criminal cases than they are in civil cases, the numbers show a lot of variability. The average was 173.14 days in 1990, 66.45 in 1991, 213.58 in 1992, 277.18 in 1993, 139.74 in 1994, 320.4 in 1995, 304.18 in 1996, only 85.17 in 1997, 404.09 in 1998 and 181.6 days in 1999.

The average lag time from reply to amicus/supplemental brief was 170.1 days in 2000, 158.33 in 2001, 240.5 in 2002, 137.73 in 2003, 221.05 in 2004, 237.19 in 2005, 490.88 in 2006, 410.4 in 2007, 178.5 in 2008 and 169.1 in 2009.

The average lag time from reply to amicus/supplemental brief was 272.06 days in 2010, 140.82 in 2011, 348.86 in 2012, 143.3 in 2013, 208.33 in 2014, 385.21 in 2015, 184.09 in 2016, 58.25 in 2017, 519.67 in 2018 and 732.09 days in 2019.

Join us back here on Thursday as we turn our attention to a new question.

Image courtesy of Flickr by Leandro Neumann Ciuffo (no changes).

How Long Does Party Briefing Typically Take in Non-Death Penalty Criminal Cases?

Last week, we began our review of the lag time between each typical landmark of a non-death penalty criminal case. This week, we’re reviewing the data on briefing in such cases. First up: the average lag time from filing of the opening brief to filing of the appellant’s reply brief.

In 1990, the average was 40.73 days. In 1991, it was 39 days, but from there, the number increased sharply: 70.04 in 1992, 109.88 in 1993, 85.26 in 1994, 71.3 in 1995, 78.65 in 1996, 90.59 in 1997, 100.66 in 1998 and 82.76 days in 1999.

Party briefing took roughly the same amount of time throughout the next decade. The average wait from opening to reply brief was 110.7 days in 2000, 88.24 in 2001, 83.84 in 2002, 91.35 in 2003, 1-9.65 in 2004, 101.86 in 2005, 135.55 in 2006, 105.45 in 2007, 92.69 in 2008 and 112.39 days in 2009.

The average lag time has drifted slightly higher during the just-concluded decade. It was 95.23 days in 2010, 100.52 in 2011, 108.48 in 2012, 122.16 in 2013, 105.93 in 2014, 101.16 in 2015, 134.37 in 2016, 130.03 in 2017, 132.1 in 2018 and 107.89 days in 2019.

Join us back here next time as we review the data for the average lag time from filing of the reply brief to the final amicus or supplemental brief.

Image courtesy of Flickr by GPA Photo Archive (no changes).

What’s the Average Lag Time from the Order Appointing Appellate Counsel to the Filing of the Opening Brief in Non-Death Criminal Cases?

The average lag time from the order appointing appellate counsel in non-death criminal cases to the filing of the opening brief was 30 days in 1990, 35.14 in 1991, 44.5 in 1992, 50.38 in 1993 and 38.38 days in 1994. The average jumped to 114.35 days in 1995 before falling back to 39.71 days in 1996. It rose to 127.29 days in 1997. The average was 60 days in 1998 and 70.44 days in 1999.

The average lag time was 54.52 days in 2000, 83.72 days in 2001 and 79.62 days in 2002. For the rest of the decade, the average was relatively flat: 40.41 in 2003, 58.58 in 2004, 47.12 in 2005, 64.12 in 2006, 58.56 in 2007, 52.04 in 2008 and 52.38 days in 2009.

The average was jumped to 98.9 days in 2010 and 83.58 days in 2011. It fell back to 59.88 in 2012, 59.81 in 2013, 54.45 in 2014 and 50.84 in 2015. Average wait time has increased since then: 177.16 days in 2016, 75.05 days in 2017, 90 days in 2018 and 88.18 days in 2019.

Join us back here next week as we continue our review of the lag time data for non-death criminal cases.

Image courtesy of Flickr by Renee Grayson (no changes).

What’s the Average Wait from Granting of the Petition to Review to the Order Appointing Counsel in Non-Death Criminal Cases?

For the past few weeks, we’ve been reviewing detailed lag time data for criminal (and civil cases). Now, we’re dividing death penalty and non-death criminal cases. First up, the average lag time from the date the non-death petition to review is granted to issuance of the order appointing appellate counsel.

In 1990, the average lag time was 44 days. In 1991, it was 35.33. The average jumped to 60.82 days in 1992, but then fell back to close to trend: 49.95 in 1993, 49.16 days in 1994, 49.05 in 1995, 44.25 in 1996, 55.79 in 1997, 54.24 in 1998 and 39.08 days in 1999.

In 2000, the average lag time was 43.77 days. It rose a bit to 48.55 in 2001. Average lag time was 35.3 in 2002, 44.76 in 2003, 31.18 in 2004, 21.54 in 2005, 26.12 in 2006, only 17.92 in 2007, 38.72 in 2008 and 25.3 days in 2009.

The average wait from the granting of the petition for review to the order appointing counsel remained low from 2010 to 2019. The average was 24.39 days in 2010, 22.47 in 2011, 25.98 in 2012, 25.15 in 2013, 24.59 in 2014, 28.39 in 2015, 40.44 in 2016, 27.21 in 2017, 41.06 in 2018 and 29.73 days in 2019.

Join us back here tomorrow as we review another milestone in non-death cases.

Image courtesy of Flickr by Sim Br (no changes).

What’s the Average Wait from Oral Argument in Death Penalty Cases to the Court’s Decision?

Today, we’re concluding our trip through the death penalty lag time data with a look at the final step in capital litigation: the average wait from oral argument to decision.

In 1990, the average wait was 186.42 days (the result of an outlier case). In 1991, the average was 60.16 days. The average was then in the mid-fifties from 1992 to 1995 before jumping to 82 days in 1996, 72.07 in 1997, 77 in 1998 and 82.33 in 1999.

The average wait was 67.6 days in 2000 and 62.91 in 2001. The average was then in the seventies each year from 2002 to 2008. The average wait was 69.8 days in 2009.

The average wait from oral argument to decision remained in the mid-seventies range from 2010 to 2014. It rose to 79.76 in 2015, 80.25 in 2016, 87.82 in 2017 and 86.57 days in 2018. So far this year, the average wait from oral argument to decision in death cases is 90.2 days.

Join us back here next Thursday as we continue our review of lag time data.

Image courtesy of Flickr by Michelle Kinsey Bruns (no changes).

Is There any Relationship in Death Penalty Cases Between the Lag Time from End of Briefing to Oral Argument and the Case Result?

Last week, we reviewed the data for the average wait between the end of briefing in death penalty cases and the oral argument. Today, we’re looking at a related question – does the lag time between briefing and oral argument suggest anything about the ultimate result in the case?

We divide the data into four categories: affirmed (“A” in the table), reversed in part with the penalty affirmed (ARC), reversed in part with the penalty reversed (ARL) and reversed outright (R below). Because the second, third and fourth of these results are comparatively rare, our data should be taken as tentative only – very high (or low) averages for partial or full reversals can be driven in any single year by just one or two cases.

In 1990, ARC partial reversals and outright reversals involved significantly longer lag times than complete affirmances (or ARL partial reversals). The following year, both ARC partial reversals and outright reversals involved longer waits than affirmances; but in 1992, neither did. In 1993, reversals involved a month longer wait than affirmances, and ARC partial reversals involved a far longer wait. In 1995, both ARC and ARL partial reversals involved significantly shorter waits than affirmances. In 1996, ARC partial reversals involved much longer waits than affirmances. In 1997, both ARL partial reversals and outright reversals took longer to reach oral argument, but ARC partial reversals were slightly quicker. In 1998, reversals took nearly four times as long to reach argument as affirmances.

There was no consistent relationship between the lag time and the result between 2000 and 2009 either. In 2000, affirmances took much longer, but in 2001, ARL partial reversals took somewhat longer. In 2002, affirmances took substantially longer than either kind of partial reversal. The same was true in 2003. In 2004, partial reversals reversing the death penalty waited for argument nearly a year longer than affirmances. In 2005, the lag time was almost identical for affirmances and ARC partial reversals. In 2006, affirmances took longer than ARL reversals, but were significantly quicker than ARC reversals. In 2007, that result was flipped – affirmances were quicker than ARL partial reversals, but much quicker than ARC partial reversals. In 2008, full reversals waited the longest, followed by affirmances, then ARC partial reversals and finally, ARL partial reversals. In 2009, ARC partial reversals were a little more than two months slower than affirmances, but the two reversals were far quicker (the result of supplemental briefs filed not long before oral argument).

Once again, between 2010 and 2019, there was no consistent relationship between the lag time from briefing to argument and the case result. In 2010, ARC partial reversals took significantly longer than affirmances. In 2011, both ARC partial reversals and ARL partial reversals were much slower than affirmances. In 2012, ARC partial reversals and outright reversals took much longer than affirmances, but ARL partial reversals were quicker. In 2013, ARC partial reversals took a little over a year longer than affirmances. In 2014, ARL partial reversals took longer than affirmances, ARC partial reversals were about equal to affirmances, and outright reversals were much quicker. In 2015, ARC partial reversals took longer than affirmances but ARL partial reversals were quicker. In 2016, ARL partial reversals were much slower than affirmances, ARC partial reversals were significantly quicker, and outright reversals were about equal to affirmances. In 2017, ARL partial reversals took slightly longer than outright affirmances, but ARC partial reversals were much quicker. In 2018, ARC partial reversals were about a month slower than affirmances and ARL partial reversals were much slower. So far in 2019, full affirmances have waited the longest – 1,003.2 days to 712.67 for ARL partial reversals and 345 for ARC partial reversals.

Join us back here tomorrow as we look at the lag time data for the final step in death penalty cases: the time from oral argument to decision.

Image courtesy of Flickr by Leandro Neumann Ciuffo (no changes).

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