Appellants in insurance law cases won 58.33% of the time to 41.67% for respondents.  Appellants’ amici won the same fraction of the time – 58.33%.  Respondents’ amici won 44.74% of their cases.

In property law cases, appellants won 57.14% of cases to 42.86% for respondents.  Appellants’ amici had a far tougher time, winning only 28.57% to 76.92% for respondents’ amici.

Appellants in tax law cases won two-thirds of the time to one-third for respondents.  Appellants’ amici won 58% of their cases.  Respondents’ amici won 26.67%.

Appellants in tort law cases won 57.97% of their cases to 42.03% for respondents.  Appellants’ amici won 70.06% in tort cases.  Respondents’ amici won 39.82%.  In wills and estates cases, appellants won 71.43% to 28.57% for respondents.  Amici fared considerably worse – appellants’ amici lost all their cases, while respondents’ amici won only 5.56%.  Appellants in workers’ comp cases won 54.55% to 45.45% for respondents.  Appellants’ amici won 78.26% of their cases, while respondents’ amici won only half of theirs.

Join us back here later this week as we turn our attention to another issue.

Image courtesy of Flickr by James White (no changes).

In the next two posts, we’re concluding our review of the amicus data, divided out by area of law.

Appellants in arbitration cases on 84% of the time between 2005 and 2020 to only 16% for respondents.  Amici were nearly as lopsided – 89.83% wins for appellants’ amici, only 10.42% for respondents’ amici.  In civil procedure cases, appellants won 58.49% to 41.51% for respondents.  Appellants’ amici won 69.7% of their cases to 44.94% for respondents’ amici.

Appellants in commercial law cases won 72.73% of their cases to 27.27% for respondents.  Appellants’ amici won 67.35% to 32% for respondents’ amici.

In constitutional law cases, appellants won 56.6% to 43.4% for respondents.  Appellants’ amici won 51.3% of their cases to 48.8% for respondents’ amici.

Appellants in domestic relations cases won 90% of the time between 2005 and 2020.  Amici were nearly as lopsided – appellants’ amici won all their cases, while respondents’ amici won only 10.53% of the time.  Appellants in election law cases won two-thirds of their cases.  Appellants’ amici won all their cases, while respondents’ amici split theirs down the middle.

Appellants in employment law cases won 58.06% of their cases to 41.94% for respondents.  Appellants’ amici won 61.33% of their cases.  Respondents’ amici won 41.94% of theirs.  In environmental law, appellants won 72.73% from 2005 to 2020 to 27.27% for respondents.  Appellants’ amici won 80.2% of their cases, while respondents’ amici won only 22.54%.

Appellants in government and administrative law cases won 62.37% of their cases to 37.63% for respondents.  Appellants’ amici won 68%, while respondents’ amici won 42.77% of their cases.

Join us back here next time as we review the remainder of the data.

Image courtesy of Flickr by Matthew Dillon (no changes).

Between 1990 and 2004, appellants in insurance law cases won 63.27% of the time to 36.73% for respondents.  Appellants’ amici won 68.85% of their cases to 49.57% for respondents’ amici.  Appellants in property law cases won 73.33% of the time to only 26.67% for respondents.  Appellants’ amici won 83.33% of their cases; respondents’ amici lost all theirs.

Appellants in secured transactions cases won 71.43% of the time.  Appellants’ amici won 90% of their cases, while respondents’ amici won only one-third of theirs.  Appellants in tax law cases won 68.75% of the time to 31.25% for respondents.  Appellants’ amici won 61.54% of their cases, while respondents’ amici won only 6.25% of their cases.

Appellants in tort cases won 62.96% of their cases to 37.04% for respondents.  Appellants’ amici won 73.04% of the time.  Respondents’ amici won only 51.32%.  In Wills and Estates cases, appellants won 45.45% of the cases to 54.55% for respondents.  Amici had little success in these cases – appellants’ amici won only 27.27%, while respondents’ amici won only 9.09% of the time.

Finally, appellants in workers compensation cases won 62.96% of their cases to 37.04% for respondents.  Appellants’ amici won 68.75% of their cases, while respondents’ amici won 46.15%.

Join us back here later this week as we continue our examination of the amicus data for the years 2005 through 2020.

Image courtesy of Flickr by _Veit_ (no changes).

This week, we’re continuing our investigation of the data on amicus curiae briefs.  We’re comparing the winning percentage in each area of law for appellants’ and respondents’ amici to the overall winning percentage for each side.  As I mentioned over at Illinois Supreme Court Review, of course this inquiry is subject to the objection of post hoc ergo propter hoc – just because amici won at a higher rate than appellants and respondents overall doesn’t mean they were actually decisive in those wins.  But that’s for a future post . . .

Appellants won 60% of arbitration law cases between 1990 and 2004 to 40% for respondents.  Amazingly, appellants’ amici won 95.24% of the time, while respondents’ amici won only 8.7% of their cases.  Appellants and respondents evenly split civil procedure cases 50-50.  Appellants’ amici won 52.21% of their cases, while respondents’ amici won 67.57%.

Appellants in commercial law cases won only 38.46% of their cases to 61.54% for respondents.  Appellants’ amici won 50.98% of their cases, while respondents’ amici won 82.14%.  Appellants won 61.96% of their cases in constitutional law during these years to 38.04% for respondents.  Appellants’ amici won 54.74%, while respondents’ amici won 35.63%.

Appellants won three-quarters of the domestic relations cases between 1990 and 2004.  Appellants’ amici won 71.43% of the time, to only 13.33% for respondents’ amici.  Appellants in election law cases also won three-quarters of the time.  Appellants’ amici won all their cases; respondents’ amici won none of theirs.

In employment law cases, appellants won 59.09% to 40.91% for respondents.  Appellants’ amici won 67.57% of the time to 30.67% for respondents’ amici.  Appellants in environmental law cases won two-thirds of their cases to one third for respondents.  Appellants’ amici won 70.59% of their cases, while respondents’ amici won 33.33%.

Join us back here next time as we review the remainder of the data for the years 1990 through 2004.

Image courtesy of Flickr by Alex Beattie (no changes).

Between 2010 and 2020, 243 amicus briefs were filed in criminal, quasi-criminal (habeas corpus), juvenile justice, attorney discipline and mental health cases.  Appellants’ amici were on the winning side in 68.42% of their cases, while respondents’ amici won only 40.66%.

Appellants’ amici ran the board, winning all their cases in three areas of law: mental health cases, property crimes and sexual offenses.  On the other hand, the only appellants’ amicus during these 11 years in an attorney discipline case was on the losing side.  Three-quarters of appellants amici in criminal procedure cases won.  From there, we have constitutional law (74.19%), sentencing law (72.73%), juvenile justice (57.89%), violent crimes and habeas corpus (50% each) and death penalty (25%).

All seventeen respondents’ amici in attorney discipline cases wound up on the winning side.  All respondents’ amici in mental health, property crimes and sexual offenses cases lost.  Respondents’ amici won 44.44% in violent crimes cases, 41.67% in juvenile justice cases, one-third in sentencing law, 29.41% in criminal procedure, and 16.67% in constitutional law and habeas corpus cases.

Join us back here later this week as we continue our review of the amicus data.

Image courtesy of Flickr by Tom Hilton (no changes).

Between 2010 and 2020, a total of 1,258 amicus briefs were filed at the California Supreme Court in civil cases – 737 of them supporting appellants and 521 supporting respondents.  Appellants were considerably more successful than respondents’ amici in these years: appellants’ amici wound up on the winning side in 71.23% of cases, while respondents’ amici won only 40.31% of their cases.

Among appellants’ amici, three areas of law saw perfect winning percentages: domestic relations, election law and property law.  Two lost all their cases: wills and estates and secured transactions.

Appellants’ amici in commercial law cases won 90.32% of the time.  From there, appellants’ amici in arbitration cases won 87.18%; in environmental law, 81.43%; in civil procedure cases, 75.29%; in government and administrative law cases, 74.81%; in workers compensation cases, 73.33%; and in employment law cases, 69.62%.  The four least successful areas of law for appellants’ amici were tort (68..81%); constitutional (58.06%); insurance law (56%) and tax law (53.49%).

Respondents’ amici in four areas of law won all their cases – construction law, domestic relations, secured transactions and wills & estates.  All three property law respondents’ amici lost.  In constitutional law, 56.94% of respondents’ amici won.  From there, we go to employment law (51.72%); workers compensation and election law (50% each); tort law (43.67%); government and administrative law (42.57%); insurance law (42.11%); environmental law and civil procedure (33.33% each) and bringing up the rear, commercial law, where only 1 of 18 respondents’ amici were successful, for a winning percentage of 5.56%.

Join us back here next time as we review the data for the criminal side of the ledger.

Image courtesy of Flickr by atramos (no changes).

Between 2000 and 2009, appellants’ amici wrote 141 amicus briefs while respondents’ amici wrote 90.  The margin in winning percentage between the two sides was almost exactly the same as on the civil side.  Appellants’ amici won 68.09% of the time, while respondents’ amici won 43.33% of their cases.

Leaving aside the minor players – one appellants’ amici each in property crimes, violent crimes, driving offenses and financial crimes and four in cases involving drug offenses – the leading area of law was habeas corpus, where 92.31% of appellants’ amici wound up on the winning side.  Appellants’ amici in sentencing law cases won 83.33% of the time.  Constitutional law appellants’ amici won 71.43%.  Appellants’ amici won two thirds of the time in juvenile justice issues and attorney discipline cases.  The lowest winning percentage by a significant player was for appellants’ amici in criminal procedure cases, who won only 56.52% of the time.

Respondents’ amici were on the losing side in all their cases in sentencing law, violent crimes, sexual offenses, property crimes and drug offenses cases.  The leading respondents’ amici were in juvenile justice cases with a winning percentage of 76.47%.  Respondents’ amici in criminal procedure won 60.87% of their cases.  Habeas corpus respondents’ amici won only 36.36% of the time – a considerable distance from appellants’ amici, who won 92.31%.

Join us back here later this week as we address the data for the years 2010 through 2020.

Image courtesy of Flickr by Pedro Szekeley (no changes).

This week, we’re reviewing data for civil cases between 2000 and 2009, looking at two questions: are amicus briefs supporting appellants or respondents more often on the winning side; and in which areas of law do appellants’ and respondents’ amici have the best (and worst) winning percentages?

For the years 2000 through 2009, 951 amicus briefs were filed supporting appellants and 788 were filed supporting respondents.  Appellants’ amici won 63.09% of their cases, while respondents’ amici won only 39.85%.

Leaving aside three successful appellants’ amici in wills and estates law, the leading areas for appellants were arbitration (92.59% winning percentage), tax law (90.91%), domestic relations (87.5%), environmental law (76.32%), insurance law (71.64%) and tort (71.43%).  The worst winning percentages for appellants’ amici belonged to constitutional law, where appellants’ amici won only 46.59% of their cases, and property law, where they won only 20%.

On the respondents’ side, leaving aside one respondents’ amicus in secured transactions, the highest winning percentages were property law (73.68%), insurance law (57.81%), workers compensation (53.85%) and civil procedure (51.14%).  The worst winning percentages were environmental law (9.09%), arbitration (8%) and domestic relations (7.69%).

Join us back here later this week as we review the data for the years 2010 through 2020.

Image courtesy of Flickr by 5chw4r7z (no changes).

Between 1990 and 1999, appellants’ amici filed 148 briefs and were on the winning side 73 times – a winning percentage of 49.32%.  Respondents’ amici filed 105 briefs, winning in 60 cases – a winning percentage of 57.14%.

Appellants’ amici in sentencing law cases won 82.61% of the time.  Appellants’ amici in in juvenile issues won 75% of the time.  Property law appellants’ amici won half their cases.  Appellants’ amici in constitutional law cases won 48.15% of the time.  Appellants’ amici in death penalty and violent crimes cases each had a winning percentage of 42.86%.

Respondents’ amici in death penalty cases won 80% of the time.  Civil procedure respondents won 61.36% of their cases.  Respondents’ amici in constitutional law cases won 60.87% of their cases.  Respondents’ amici in juvenile law issues won 57.14% of the time.

Join us later this week as we review the data for the years 2000 through 2009.

Image courtesy of Flickr by Tony Webster (no changes).

This week, we’re reviewing amici’s winning percentage by area of law for the years 1990 through 1999.

Overall, amici supporting appellants won 444 of 699 cases during the 1990s for a winning percentage of 63.52%.  Respondents won 230 of 547 cases for a winning percentage of 42.05%.

Amici supporting appellants in arbitration cases were undefeated – 14 wins in 14 cases.  On the other hand, arbitration amici supporting respondents lost all 14 cases.  Appellants’ amici in property law won 92.31% of their cases.  Appellants in secured transactions cases won 87.5%; workers comp appellants won 76.19%; appellants in tort law cases won 72.83% of their cases; appellants’ amici in government and administrative law cases won 70.69%.  Appellants in environmental law won 70%.  In election law, appellants won two-thirds of their cases.  Appellants’ amici in insurance law won 64.1% of the time.  Meanwhile, respondents’ amici were most successful in commercial law, winning 92.86% of the time.  Civil procedure respondents won 74.55% of their cases.  Tort respondents won only 47.42% of the time.  Respondents’ amici in employment cases won 42.22%.  Workers comp respondents won 41.18%.  Respondents’ amici in insurance cases won 41.18% of the time.

Join us back here later today as we review the criminal side of the ledger for the same years.

Image courtesy of Flickr by Lorna Mitchell (no changes).