Archives: Areas of Law

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How Has Justice Chin Voted in Criminal Constitutional Law Cases?

Today, we’re beginning our review of the individual Justices’ voting records in criminal constitutional law cases.  From 1996 to 2019, Justice Chin participated in 136 such cases.  He voted for defendants in 32 cases and voted for the prosecution 104 times.  From 1996 to 1999, Justice Chin voted for defendants twice and for the prosecution … Continue Reading

How Did Criminal Defendants Fare in Constitutional Law Cases (2010-2019)?

Between 2010 and 2019, the Court decided 48 criminal constitutional law cases.  They voted for defendants 15 times and supported the prosecution in 33 cases.  From 2010 to 2014, the Court voted for defendants in only three cases while supporting the prosecution in 23 cases.  From 2015 to 2019, with the increase in Democratic appointees, … Continue Reading

Reviewing Chief Justice Cantil-Sakauye’s Voting Record in Civil Procedure Cases

Since taking her seat in 2011, Chief Justice Cantil-Sakauye has participated in 59 civil procedure cases.  She has voted for plaintiffs 37 times and for defendants in 22 cases.  From 2011 to 2015, she supported plaintiffs in 14 of 22 cases.  Since that time, she has voted for plaintiffs in 23 of 37 cases. The … Continue Reading

Reviewing Justice Corrigan’s Voting Record in Civil Procedure Cases

Justice Corrigan has participated in 92 civil procedure cases since joining the Court in 2006, voting for plaintiffs in 52 cases and for defendants 40 times.  From 2006 to 2010, she voted for plaintiffs in sixteen of thirty-two cases.  From 2011 to 2015, she voted for plaintiffs in fourteen of twenty-three cases.  From 2016 to … Continue Reading

How Did Defendants Fare in Civil Procedure Cases Between 2000 and 2009?

The California Supreme Court decided 74 civil procedure cases between 2000 and 2009.  Defendants won 33 of those cases and plaintiffs won 41.  Between 2000 and 2002, defendants were 11-12.  Between 2003 and 2006, defendants won only 13 while losing 21.  From 2007 to 2009, defendants were 9-8. The Court decided 39 cases where the … Continue Reading

How Has Justice Cuellar Voted in Civil Constitutional Law Cases?

Justice Cuellar has participated in seventeen civil constitutional law cases since taking since seat on the Court.  He has voted for defendants in five of those cases and against defendants 12 times.  Between 2015 and 2017, he voted for defendants in only one of nine cases.  He voted against defendants in all three civil constitutional … Continue Reading

How Has Justice Liu Voted in Civil Constitutional Law Cases?

Justice Liu has participated in 21 civil cases primarily involving constitutional law issues since taking his seat in 2011.  He has voted for defendants in seven cases and against defendants 14 times.  Between 2012 and 2016, he voted against defendants in all eight constitutional law cases.  Since that time, he has voted for defendants in … Continue Reading

How Has Chief Justice Cantil-Sakauye Voted in Constitutional Law Cases?

Chief Justice Cantil-Sakauye has participated in 23 civil constitutional law cases since taking her seat in 2011, voting for defendants in only five cases while voting against defendants 18 times.  Between 2011 and 2016, the Chief Justice voted for defendants once while voting against defendants 10 times.  Between 2017 and 2019, the Chief Justice voted … Continue Reading

How Has Justice Corrigan Voted in Constitutional Law Cases?

Since joining the Court in 2006, Justice Corrigan has participated in 47 civil constitutional law cases, supporting the defendants in 18 cases and the plaintiffs 29 times.  Between 2006 and 2010, she voted for defendants in 12 cases and for plaintiffs 10 times.  Since that time, Justice Corrigan has supported defendants in civil constitutional law … Continue Reading

How Have Defendants in Constitutional Law Cases Fared Since 1990 (Part 2 of 3)?

Last time, we reviewed the Court’s voting records for civil cases involving constitutional law issues between 1990 and 1999.  This time, we’re looking at the years 2000 through 2009.  Overall, defendants won 28 cases while losing 32.  Defendants were 9-6 for the years 2001-2002, but 4-6 in 2002 and 2-3 in both 2003 and 2004.  … Continue Reading

How Have Defendants in Constitutional Law Cases Fared Since 1990 (Part 1 of 3)?

Today, we’re taking up a new area of law in our examination of the Justices’ voting records – constitutional law.  Between 1990 and 1999, defendants in constitutional law cases won 25 cases and lost 36.  In 1991, defendants were 3-5.  They were 1-5 in 1993, 2-4 in 1994 and 5-14 from 1996 to 1999. Defendants … Continue Reading

How Did Chief Justice Cantil-Sakauye Vote in Civil Cases With Insurer Parties?

This is part three of our seven-part post reviewing the Justices’ voting records in cases involving insurer parties. Today: the Chief Justice. The Court has decided significantly fewer insurer cases from 2011 to 2019 than it did in the previous ten years. Since joining the Court, Chief Justice Cantil-Sakauye has voted for insurer parties in … Continue Reading

How Did Justice Corrigan Vote in Civil Cases With Insurer Parties?

Last week, we began a seven-part series reviewing each Justice’s voting record, one area of law at a time – beginning with civil cases involving an insurer party. Since 2006, Justice Corrigan has voted for insurer parties 11 times while voting against insurer parties ten times. From 2006 to 2010, she voted for insurers seven … Continue Reading

How Has Justice Chin Voted in Insurance Law Cases?

Today, we begin a seven-post series, reviewing the voting records of all seven current Justices in insurance law cases. First up is the Court’s senior Justice (by longevity), Justice Ming Chin, who announced his retirement last week. Since joining the Court in 1997, Justice Chin has supported insurers’ positions in 31 cases involving insurance law, … Continue Reading

How Have Challengers to Government Powers, Actions and Procedures Fared Before the Supreme Court Since 1990 (2014-2019)?

The Supreme Court decided thirty-nine government and administrative law cases between 2014 and 2019: three in 2014, eleven per year in 2015 and 2016, nine in 2017, five in 2018 and none so far in 2019. The Court decided twenty-two cases between 2014 and 2019 which were won by the defender of government authority versus … Continue Reading

How Have Challengers to Government Powers, Actions and Procedures Fared Before the Supreme Court Since 1990 (2006-2013)?

Between 2006 and 2013, the Supreme Court decided forty-five cases involving government and administrative law issues: nine in 2006, ten in 2007, five in 2008, four in 2009, four in 2010, two in 2011, four in 2012 and seven in 2013. The caseload leaned a little bit towards cases won by the defenders of government … Continue Reading

How Have Non-Government Entities Fared in Cases Involving Governmental Agencies and Officers and Administrative Law (1998-2005)?

The Court’s docket of cases involving government entities and government/administrative law was down significantly from sixty-nine between 1990 and 1997 to forty-four from 1998 to 2005.  The Court decided four cases in 1998, five in 1999, seven in 2000, five in 2001, three in 2002, six in 2003, ten in 2004 and four in 2005. … Continue Reading

How Have Challengers to Government Powers, Actions and Procedures Fared Before the Supreme Court (1990-1997)?

This time, we’re turning our attention to a new area of the Court’s civil docket – cases involving the conduct, authority and procedures of government agencies and officers.  For our purposes in this and the three posts following, we’re defining “government” parties as anyone whose claim or defense is based upon the powers or conduct … Continue Reading

How Have Defendants Fared in Workers Compensation Cases Since 1990 (Part 4 of 4)

The Court has decided only three workers compensation cases since 2013 – two in 2015 and one in 2018. Two of the Supreme Court’s three workers compensation cases were won by defendants at the Court of Appeal. The two defendants who had won their cases at the Court of Appeal evenly split at the Supreme … Continue Reading

How Have Defendants Fared in Workers Compensation Cases Since 1990 (Part 3 of 4)

The Court decided six workers compensation cases from 2006 to 2013 – two in 2007, one each in 2008, 2009, 2011 and 2013. The Court’s light workers compensation docket consisted of four cases won by the plaintiffs below and only two involving defendants’ wins for these years. Defendants who won Workers Compensation cases below won … Continue Reading

How Have Defendants Fared in Workers Compensation Cases Since 1990 (Part 2 of 4)

Today, we’re continuing our review of the Supreme Court’s workers comp cases, turning our attention to the cases decided between 1998 and 2005. In all, the Court decided exactly the same number of cases 1998-2005 that it had 1990-1997: fourteen.  The Court decided three cases in 1998, one in 1999, two in 2000, six in … Continue Reading
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