Last week, we began reviewing the winning percentage in civil cases of governmental entity appellants, year by year and one area of law at a time. We began with the years 1994 through 2005. This week, we’re reviewing the most recent years, starting today with the data for the years 2006 through 2012.
Overall for the period, the government did quite well in its civil appeals, winning 78% of the time. In 2006, governmental entities won all three cases involving government and administrative law issues, both environmental law cases and the one employment law case. The government lost its one constitutional law appeal and its one appeal turning on civil procedure issues. In 2007, the government won both its government and administrative law cases, both its constitutional law cases, and its single appeals in employment, workers compensation and environmental law. The government won one of two civil procedure cases and lost its one tort law case. In 2008, governmental entities won all three environmental law cases, both their constitutional law cases, and their one tort law case. The government won one of two cases involving government and administrative law, but lost its one employment law case.
In 2009, government entities were undefeated in civil cases as appellant, winning two environmental law cases and one case each in government and administrative law, constitutional law, tort law and workers compensation. In 2010, the government won its lone tax law case and its election law case, split evenly two cases each in constitutional law, employment law and environmental law, and lost its one case involving government and administrative law. In 2011, governmental entities won three of four civil cases as appellant, winning single cases in tax law, workers compensation and environmental law, but losing one case in employment law. In 2012, the government won all six of its civil cases as appellant – two in government and administrative law, two in civil procedure, and one each in environmental and tax law.
Join us back here tomorrow as we review the data for the years 2013 through 2016.