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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

How Have Defendants Fared in Workers Compensation Cases Since 1990?

As we continue our issue-by-issue examination of the Court’s voting patterns in various areas of law, this week and next we’re addressing the Court’s workers compensation decisions. Between 1990 and 1997, the Court decided fourteen workers compensation cases in all – one in 1990, two each in 1991 and 1992, five in 1993, none in … Continue Reading

How Have Defendants Fared in Civil Constitutional Law Cases (Part 4 of 4)?

Today, we’re finishing our trip through the Court’s docket of civil constitutional law cases, 1990-2018. Civil constitutional law cases have been comparatively uncommon on the Court’s docket from 2014 to 2019.  The Court has heard only fifteen cases in all: one in 2014, two each in 2015 and 2016, five in 2017, three in 2018 … Continue Reading

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

Last time, we reviewed the data for the Court’s civil constitutional law cases between 1990 and 1997.  This time, we’re looking at the numbers for the years 1998 to 2005. Constitutional law cases were slightly up for the years 1998 to 2005, with the Court deciding fifty-three civil constitutional law cases.  Specifically, the Court decided … Continue Reading

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

Today, we’re continuing our ongoing series of posts looking at the Court’s performance over the years, one area of law at a time.  This week, we’re looking at the Court’s history with civil constitutional law cases (for purposes of this analysis, we’re disregarding the constitutional law cases which arise in criminal cases). Between 1990 and … Continue Reading

How Have Defendants in Employment Law Cases Fared at the Supreme Court (Part 3)?

With this post, we review the most recent data on the Court’s and individual Justice’s experience with employment law cases. From 1990 to 2018, defendants in employment law cases who had prevailed at the Court of Appeal were slightly below .500 at the Supreme Court, winning twenty-six and losing thirty.  Between 2010 and 2018, winning … Continue Reading

How Have Defendants In Employment Law Cases Fared at the Supreme Court (Part 2)?

Last time, we kicked off our review of the Court’s recent history with employment law cases.  Today and tomorrow, we’re reviewing the data for the years 2000 to 2018. Between 2000 and 2009, the Court decided 21 employment law cases won by plaintiffs below and 29 cases won by defendants. Next, we review the Supreme … Continue Reading

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
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