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Kirk Jenkins brings a wealth of experience to his appellate practice, which focuses on antitrust and constitutional law, as well as products liability, RICO, price fixing, information sharing among competitors and class certification. In addition to handling appeals, he also regularly works with trial teams to ensure that important issues are properly presented and preserved for appellate review.  Mr. Jenkins is a pioneer in the application of data analytics to appellate decision-making and writes two analytics blogs, the California Supreme Court Review and the Illinois Supreme Court Review, as well as regularly writing for various legal publications.

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%

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

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

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

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

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’

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

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