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How Have Tort Defendants Fared at the Supreme Court Since 1990 (Part 2 of 3)?

Last time, we began our in-depth review of the Court’s record in 1990 in tort cases.  Today, we’re continuing that analysis. Between 2000 and 2009, the Court’s tort docket continued to be mostly comprised of cases won by the plaintiffs below – 42 plaintiff wins, 33 defense wins.  Although the two sides’ contributions were tied … Continue Reading

How Have Tort Defendants Fared at the Supreme Court Since 1990 (Part 1)?

Last week, we reviewed the data on how the Supreme Court has handled insurance law cases since 1990 – both what sorts of cases the Court decides, which side typically prevails, and the individual Justices’ voting records on insurance cases.  This week (and next Thursday), we’ll be asking the same questions for the Court’s tort … Continue Reading

Reviewing the Justices’ Voting Records in Insurance Law Cases, 1990-2018

Last time, we reviewed how the insurance industry has fared over the past twenty-nine years as a party to litigation at the California Supreme Court.  This time, we’re turning to the voting records of individual Justices: irrespective of whether the insurer was plaintiff or defendant, whether the case involved coverage or liability issues, and whether … Continue Reading

How Have Insurers Been Faring at the California Supreme Court Since 1990?

Late last week, we inaugurated a new biweekly series of posts on The Appellate Strategist analyzing the American Law Institute’s new Restatement of the Law of Liability Insurance.  Since this week we’re beginning a new series taking a deep dive on the Court’s docket in various important areas of law, I thought we’d begin with … Continue Reading

Reviewing the Justices’ Agreement Rates in Divided Criminal Cases, 2014-2018

Today, we’re concluding our series of posts on agreement rates among the Justices with a look at the numbers for the years 2014 through 2018. Justice Corrigan’s closest matches were two Justices who cast only a few votes in 2014 prior to retirement: Justices Kennard and Baxter, who were both at 100%.  Justice Corrigan was … Continue Reading

Reviewing the Justices’ Agreement Rates in Divided Criminal Cases, 2008-2013

Today, we’re looking at the Justices’ agreement rates in divided criminal cases for the years 2008 through 2013.  As we did on the civil side, since during this period the Court was drawing closer to having its current membership, we present the data Justice by Justice in order to facilitate comparisons. Justice Corrigan’s closest match … Continue Reading

Reviewing the Justices’ Agreement Rates in Divided Criminal Cases, 2002-2007

Last time, we reviewed the Justices’ agreement rates in divided criminal cases – how many times did each possible combination of Justices vote the same way in criminal cases with at least one dissenter.  This time, we’re looking at the years 2002 through 2007. Justice Baxter’s agreement rate with Justice Moreno was 65.74%.  He agreed … Continue Reading

Reviewing the Justices’ Agreement Rates in Divided Criminal Cases, 1996-2001

Today, we’re continuing our review of the Justices’ agreement rates in divided criminal cases, this time looking at the data for the years 1996 through 2001. Justice Arabian had a 50% agreement rate with Justice Baxter, but 0% with Justice Mosk.  Justice Baxter agreed with pro tem Justices half the time, but with Justice Mosk … Continue Reading

Reviewing the Justices’ Agreement Rates in Civil Cases, 2008-2013

Yesterday, we reviewed the data on the Justices’ agreement rates with each other in divided civil cases between 2002 and 2007.  Today, we’re looking at the next six year period, from 2008 to 2013.  One change from the last three posts – since five current-day Justices (if you include the recently retired Justice Werdegar) were … Continue Reading

Reviewing the Justices’ Agreement Rates in Civil Cases, 2002-2007

Last week, we reviewed the Justices’ agreement rates in civil cases between 1990 and 1995 and 1996 to 2001.  This week, we’re taking two further steps – today, agreement rates for the years 2002 to 2007, and tomorrow, Justice-by-Justice agreement rates for the years 2008 through 2013. Justice Baxter had an agreement rate with the … Continue Reading

Who Was the Bellwether Vote in Divided Criminal Cases (2005-2018)?

Last time, we began our review of the year-by-year data on the percentage of divided criminal cases for which the Justices voted with the majority, covering the years 1990 through 2004.  Today, we’re looking at the years 2005 through 2018. Justice Baxter was reliably in the majority of divided criminal cases throughout this period – … Continue Reading

Who Wrote the Longest Majority Opinions in Criminal Cases Each Year Since 1990 (Part 2)?

Last time, we reviewed the distribution of majority opinions in criminal cases among the Justices from 1990 to 2018.  This time, we’re looking at the length of the Justices’ opinions – who wrote the longest and shortest majority opinions?  Of course, the data here is strongly affected the Court’s death penalty opinions, where majority opinions … Continue Reading

Who Wrote the Longest Majority Opinions in Criminal Cases Each Year Since 1990 (Part 1)?

For the past few weeks, we’ve been looking at the distribution among the Justices of the Court’s majority opinions in civil cases and identifying which Justice each year wrote the longest and shortest opinions.  Today, we’re looking at the data for the criminal docket. In Table 753, we review the distribution of majority opinions between … Continue Reading

Who Wrote the Longest Majority Opinions in Civil Cases Since 1990 (Part 2)?

Last time, we began our examination of the individual Justices’ writing habits with a review of how the majority opinions in civil cases were distributed from 1990 to 2018.  Today, we’re looking at the average length of those opinions, Justice by Justice. The real lesson we see in Table 749 is that although there are … Continue Reading

Who Wrote the Longest Majority Opinions in Civil Cases Each Year Since 1990?

For the past few weeks, we’ve been studying the average length of the Court’s opinions, looking for insights about the Court’s decision-making.  This week, we’re starting a related topic: which individual Justice tends to write the longest and shortest majority opinions in civil cases?  Today, step one – we trace how many majority opinions each … Continue Reading
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