Between 2000 and 2009, tort defendants continued to fare well before the Supreme Court, winning 44 cases while losing 32. Defendants were 9-5 in 2002, 6-2 in 2003 and 8-4 in 2007. On the other hand, defendants won only one out of seven decisions in 2005.
Tort defendants who prevailed at the Court of Appeal continued to have good success in preserving those wins, winning 21 cases while losing 12 during the decade. Defendants won five of seven cases in 2002 and four of five in 2007. Defendants were at or close to .500 for most of the rest of decade.
For the decade, tort defendants won 23 cases which they had previously lost at the Court of Appeal, losing 20. There were only a few lopsided years in the decade; defendants won four of five in 2003, lost all four cases in 2005 and won eight of fourteen from 2007 to 2009.
Join us back here tomorrow as we address the data for the years 2010 to 2019.