What Kinds of Tort Cases Does the Supreme Court Decide (Part 2 – 2005-2019)?

Between 2005 and 2019, the Supreme Court decided 73 tort cases (a sharp reduction from the 137 tort cases decided in the preceding 15 years).  The most frequent sub-area in the docket was once again duty, which accounted for 31 cases (but none in 2006, 2010, 2015 or 2019).  There were 25 cases involving tort defenses, including only one in 2005, 2011, 2014-2016 and 2019 and zero in 2013 and 2017.  All other sub-areas of tort were in single digits – eight damages cases in the past 15 years, seven “other” and only two relating to breach and causation.

Join us back here next week as we turn our attention to another area of law.

Image courtesy of Flickr by Stephen Kelly (no changes).

What Kinds of Tort Cases Does the Supreme Court Decide (Part 1 – 1990-2004)?

For the past few months, we’ve been taking a detailed look at the Court’s results record and the individual Justices’ voting records in various areas of the civil and criminal law.  Today, we begin a new series of posts drilling down on that earlier project to specific sub-areas of law.  What are the sub-areas within each field from which the Court draws its cases?

We begin by dividing the tort docket into five categories, based on the primary issue as to which the Court granted review: duty, breach, defenses, damages and other (primarily procedural questions specific to tort).  For anyone unfamiliar with the type of chart below, the height of each bar is the number of tort cases the Court decided in that year.  Each differently colored segment of the bar describes the number of cases in each sub-area.

Between 1990 and 2004, the Supreme Court decided 137 tort cases. Nearly half involved questions of duty (68 cases).  The second most common issue was defenses – 30 cases.  Duty cases only spiked in a few of these fifteen years – 1993 (8 duty, 1 defenses), 2001 (6 duty, 0 defenses) and 2002 (9 duty, 2 defenses).  Otherwise, the two areas were close in the docket each year.  The Court decided 20 cases in this period involving issues of tort damages.  The damages cases were evenly spread through the period – only in 1990 and 1996 did the Court decide no damages cases.  The Court decided 14 cases involving issues of breach and causation.  Breach didn’t appear on the docket at all in 1990, 1992, 1996, 1999, 2000 or 2003.  Finally, the Court decided five cases in our “other” category, all of them between 1998 and 2001.

Join us back here tomorrow as we review the tort docket for the years 2005 through 2019.

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

How Have Justices Kruger and Groban Voted in Employment Law Cases?

Justice Kruger has participated in 15 employment law cases since joining the Court in 2015.  She has voted for defendants in five of those cases and for plaintiffs in 10 cases.

Eight cases were won by the defendants at the Court of Appeal.  Justice Kruger voted to affirm in three of those cases and voted to reverse, in whole or in part, five times.

In the remaining four cases, the defendant lost at the Court of Appeal.  Justice Kruger has voted to reverse in two of those four cases.

Since joining the Court, Justice Groban has participated in three employment law cases – two which were won by the defendant at the Court of Appeal and one which the defendant lost below.  Justice Groban has voted for defendants in all three cases.

Join us back here next Thursday as we begin our review of the Justices’ voting records in another area of the law.

Image courtesy of Flickr by JoyTek (no changes).

How Has Justice Cuellar Voted in Employment Law Cases?

Since joining the Court, Justice Cuellar has participated in fifteen employment law cases.  He has voted for defendants in three of those cases (all in 2018 and 2019).  Between 2015 and 2017, he voted for plaintiffs in all seven cases he participated in.

Eight of those cases were won by defendants at the Court of Appeal.  Justice Cuellar has voted to affirm in only one of those eight cases.

The remaining four cases were lost by the defendants at the Court of Appeal.  Justice Cuellar has split his votes in those cases – twice to reverse, twice to affirm.

Join us back here tomorrow as we complete our review of the Justices’ voting records.

Image courtesy of Flickr by Anderson Mancini (no changes).

How Has Justice Liu Voted in Employment Law Cases?

Justice Liu has participated in 27 employment law cases since joining the Court.  He has supported defendants in seven cases and voted against defendants 20 times.  From 2011 to 2015, he voted for defendants in four of thirteen cases.  From 2016 to 2019, he voted for defendants three times in fourteen cases.

Fifteen of these cases were won by the defendants below.  Justice Liu voted to affirm in four cases and voted to reverse, in whole or in part, 11 times.  Between 2011 and 2015, Justice Liu voted to affirm in three of eight cases.  From 2016 to 2019, he voted to affirm in only one of seven cases.

Eight cases were lost by the defendants below.  Justice Liu voted to reverse in three of those eight cases.  Between 2011 and 2015, he voted to reverse in one of four cases.  Between 2016 and 2019, he voted to reverse twice in four cases.

Join us back here next week as we continue our review of the individual Justices’ voting records.

Image courtesy of Flickr by Paul (no changes).

How Has Chief Justice Cantil-Sakauye Voted in Employment Law Cases?

Since joining the Court, Chief Justice Cantil-Sakauye has participated in 28 employment law cases.  She has voted for defendants’ position in a dozen cases and voted against defendants 16 times.  Between 2011 and 2015, she voted for defendants in seven of fourteen cases.  Between 2016 and 2019, she voted for defendants in five of fourteen cases.

Fifteen of these cases were won by the defendants at the Court of Appeal.  Chief Justice Cantil-Sakauye has voted to affirm seven of those fifteen decisions.  From 2011 to 2015, she voted to affirm in four of eight cases.  From 2016 to 2019, she voted to affirm in three of seven cases.

Eight of these cases were lost by the defendants at the Court of Appeal.  Chief Justice Cantil-Sakauye has voted to reverse in half of those cases.  She voted to reverse in two of four cases between 2011 and 2015, and two of four cases between 2016 and 2019.

Join us back here tomorrow as we continue our review of the Justices’ individual voting records.

Image courtesy of Flickr by Elina Lieltiruma (no changes).

How Has Justice Corrigan Voted in Employment Law Cases?

Justice Corrigan has participated in 61 employment law cases since joining the Court.  She has voted for defendants in 33 of those 61 cases.  From 2006 to 2009, she voted for defendants in 14 of 22 cases.  From 2010 to 2014, she voted for defendants in 14 of 23 cases.  From 2015 to 2019, Justice Corrigan voted for defendants in five of 16 cases.

Thirty-five of these cases were won by the defendants at the Court of Appeal.  Justice Corrigan has voted to affirm 19 of those decisions and to reverse 16 times. From 2006 to 2009, she voted to affirm in eight of thirteen cases.  From 2010 to 2014, she voted to affirm in eight of thirteen cases.  From 2015 to 2019, she voted to affirm in three of nine cases.

Twenty-one decisions were lost by the defendants at the Court of Appeal.  Justice Corrigan voted to reverse in 13 of those 21 cases.  From 2006 to 2009, she voted to reverse in six of nine cases.  From 2010 to 2014, she voted to reverse in five of eight cases.  From 2015 to 2019, she voted to reverse in two of four cases.

Join us back here next week as we continue our review of the Justices’ voting records.

Image courtesy of Flickr by Paul (no changes).

How Has Justice Chin Voted in Employment Cases?

Justice Chin participated in 99 employment law decisions through the end of 2019.  He voted for defendants in 52 of those 99 cases.  From 1996 to 1999, he voted for defendants in four of ten cases.  From 2001 to 2005, he voted for defendants in ten of 23 cases.  From 2006 to 2010, he voted for defendants in 21 of 31 cases.  From 2011 to 2015, he voted for defendants in nine of sixteen cases.  From 2016 to 2019, he voted for defendants in five of fourteen cases.

Fifty-six of these cases were won by the defendants at the Court of Appeal.  Justice Chin has voted to affirm 29 of those 56 decisions.  From 1996 to 1999, he voted to affirm in three of six cases.  From 2000 to 2004, Justice Chin voted to affirm in only three of fifteen cases.  From 2005 to 2009, Justice Chin voted to affirm in 11 of 17 cases.  From 2010 to 2014, Justice Chin voted to affirm in nine of 12 cases.  From 2015 to 2019, he voted to affirm in three of nine cases.

Justice Chin has participated in 37 employment law cases lost by the defendants at the Court of Appeal.  He has voted to reverse in 21 of those 37 cases.  From 1996 to 1999, he voted to reverse in one of four cases.  From 2000 to 2004, he voted to reverse in six of ten cases.  From 2005 to 2009, he voted to reverse in seven of eleven cases.  From 2010 to 2014, he voted to reverse in five of eight cases.  From 2015 to 2019, he voted to reverse in two of four cases.

Join us back here next time as we continue our review of the Justices’ individual voting records.

Image courtesy of Flickr by Bob B. Brown (no changes).

How Did Employment Law Defendants Fare at the Supreme Court From 2010 to 2019?

Between 2010 and 2019, the Supreme Court has decided 39 employment law cases.  Defendants have won 19 of those cases and lost 20.  From 2010 to 2014, defendants won 14 and lost 9.  From 2015 to 2019, defendants won 5 and lost 11.

Twenty-two of these cases were won by the defendants at the Court of Appeal.  The Supreme Court affirmed 10 of those decisions and reversed, in whole or in part, 12 times.  From 2010 to 2014, the Court affirmed seven times and reversed six.  From 2015 to 2019, the Court affirmed three times and reversed six times.

The Court decided 12 cases from 2010 to 2019 which the defendant lost at the Court of Appeal.  The Court reversed, in whole or in part, eight times and affirmed in four cases.

Join us back here next week as we begin our review of the individual Justices’ voting records.

Image courtesy of Flickr by Bob B. Brown (no changes).

How Did Employment Law Defendants Fare at the Supreme Court From 2000 to 2009?

Between 2000 and 2009, the Supreme Court decided 51 employment law cases.  Defendants won 27 of those cases and plaintiffs prevailed in 24.  Between 2000 and 2004, defendants won ten cases and lost 13 times.  Between 2005 and 2009, defendants won 17 cases and lost 11.

Between 2000 and 2009, the Court decided 29 employment law cases won by defendants below.  The Court affirmed in 13 cases and reversed, in whole or in part, 16 times.  From 2000 to 2004, defendants successfully defended only three of twelve Court of Appeal wins.  From 2005 to 2009, defendants won ten and lost seven of these cases.

The Court decided 22 employment law cases lost by defendants at the Court of Appeal.  The Court reversed, in whole or in part, in 13 of those cases and affirmed nine times.  From 2000 to 2004, defendants won six and lost four of these cases.  From 2005 to 2009, defendants won seven and lost five.

Join us back here next time as we review the employment law results from 2010 to 2019.

Image courtesy of Flickr by Todd Dailey (no changes).

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