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.