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, while voting against insurers in 25 cases. He voted for insurers in eight of ten cases from 1997 to 1999. From 2000 to 2005, he voted for insurer parties 11 times while voting against them in 13 cases. From 2006 to 2009, he voted for insurers in 7 of 10 cases, but since that time, he has voted for insurers’ positions in only 5 of 12 cases.

Since joining the Court, Justice Chin has voted for insurer parties in cases they won below thirteen times, while voting to reverse such decisions eleven times. From 1997 to 2005, he voted for insurers in nine of fifteen cases, but since that time, he has voted for insurers in only four of nine cases.

Overall, Justice Chin has voted for reversal in 14 cases lost by insurers below, while voting for affirmance 11 times. From 1997 to 2003, he voted for reversal in 8 of 12 cases. From 2004 to 2010, he voted for reversal in 5 of 11 cases. Since that time, the Court has decided only two insurer losses, and Justice Chin has split his votes 1-1.

Join us back here next Thursday as we continue to review the individual Justices’ voting records.

Image courtesy of Flickr by Leandro Neumann Ciuffo (no changes).

 

How Have Insurers Fared at the Supreme Court Since 2010?

Today, we conclude our review of the Supreme Court’s overall record in civil insurance law cases since 1990. Between 2010 and 2019, insurer parties won five cases while losing seven. Insurers won only one of five cases from 2010 to 2012 and have broken even with three wins and three losses since 2015.

Among cases won at the Court of Appeal by insurers, insurers won two and lost three since 2010. Insurers were 0-1 in 2011, 2015 and 2017 and 1-0 in 2014 and 2018.

Insurers split four cases down the middle among their losses from the Court of Appeal: 1-1 in 2010, 0-1 in 2012 and 1-0 in 2015.

Join us back here tomorrow as we turn our attention to the individual Justices’ voting records in insurance law cases.

Image courtesy of Flickr by HarshLight (no changes).

How Did Insurers Fare at the Supreme Court Between 2000 and 2009?

We saw yesterday that between 1990 and 1999, insurers did quite well in insurance law cases at the Supreme Court, winning twenty while losing only twelve. Things took a sharp turn with the new decade, however; between 2000 and 2009, insurers won only seventeen cases while losing nineteen. Between 2000 and 2002, insurers won only four cases while losing seven. Insurers were 4-2 in 2005, but the previous year, they lost all four cases at the Supreme Court. Between 2006 and 2009, insurers broke even, winning six while losing five.

Curiously, despite the overall record, insurers did okay in defending victories from the Court of Appeal, compiling a win-loss record of 7-8 – the same record they had for the 1990s. Between 2000 and 2004, insurers successfully defended only two of seven Court of Appeal wins. Insurers went 3-1 in 2005, and then split four decisions between 2006 and 2009.

On the other hand, insurers succeeded in getting seven decisions which they had lost at the Court of Appeal reversed by the Supreme Court, while losing ten cases. Between 2000 and 2002, insurers won only one of four cases. They won three straight in 2003, but lost all three decisions in 2004. Between 2005 and 2009, insurers obtained three reversals from lower court losses while four decisions were affirmed.

Join us back here next Thursday as we continue our examination of the Court’s experience with insurance cases.

Image courtesy of Flickr by Simon Davison (no changes).

How Did Insurers Fare at the Supreme Court Between 1990 and 1999?

Today, we’re beginning a series of posts examining the Supreme Court’s record with insurance law cases since 1990.

First, let’s look at the simplest data point: the won-loss record for insurer parties. Between 1990 and 1999, insurers did quite well at the Court, winning twenty cases while losing only twelve. Insurers won four of six cases in 1992 and three of six in 1997 before winning their last four in a row – two in 1998 and two in 1999.

Next, we divide the cases according to who won below. When the insurer won at the Court of Appeal, across the entire decade, insurers won seven cases while losing eight. Insurers lost their first four cases – three in 1990 and one in 1991 – before going 4-3 for the years 1997 through 1999.

In Table 1231, we report insurers’ won-loss record each year in cases the insurer lost below. Across the decade, insurers did very well: thirteen losses from the Court of Appeal were reversed, while only four were affirmed. Between 1990 and 1994, insurers succeeded in overturning all nine adverse decisions the Supreme Court reviewed.

Join us back here tomorrow as we look at the data for the years 2000 to 2009.

Image courtesy of Flickr by Sheila Sund (no changes).

What’s the Average Lag Time from Grant of the Petition for Review in Non-Death Penalty Criminal Cases to Oral Argument?

Today, we’re looking at the overall lag time data: the average period from the order granting the petition for review in non-death penalty criminal cases to oral argument.

The average was 392.57 days in 1990, 310.56 in 1991, 440.04 in 1992, 451.64 in 1993, 442.29 in 1994, 485.35 in 1995, 575.1 in 1996, 320.8 in 1997, 529.13 in 1998 and 495.19 days in 1999.

Average lag time was 500.55 days in 2000, 460.34 in 2001, 471.39 in 2002, 551.95 in 2003, 537.77 in 2004, 526.11 in 2005, 657.21 in 2006, 717.03 in 2007, 639.63 in 2008 and 550.86 days in 2009.

The average lag time was 572.47 days in 2010, 636.56 in 2011, 626.35 in 2012, 571.13 in 2013, 652.84 in 2014, 650.27 in 2015, 642.36 in 2016 and 1891.55 days in 2017 (the result of one considerable outlier). In 2018, average lag time was 864.72 days. In 2019, the average was 1090.28 days.

Join us back here next Thursday as we examine a new issue.

Image courtesy of Flickr by HarshLight (no changes).

What’s the Average Lag Time from Filing of the Final Brief in Non-Death Penalty Criminal Cases to Oral Argument?

Today, we’re reviewing the average lag time for our proxy for the Supreme Court’s decisional period in non-death penalty criminal cases: the lag time from the filing of the final brief – whether the reply brief, an amicus brief or a supplemental brief – to oral argument.

The average lag time was 262.47 days in 1990, 201.72 in 1991, 221.13 in 1992, 188.73 in 1993, 217.47 in 1994., 199.24 in 1995, 193.81 in 1996, 106.07 in 1997, 207.44 in 1998 and 280.4 days in 1999.

The average lag time was 268.48 days in 2000, 265.2 in 2001, 216.79 in 2002, 354.91 in 2003, 351.39 in 2004, 216.54 in 2005, 375.7 in 2006, 391.95 in 2007, 385.9 in 2008 and 273.03 days in 2009.

The average lag time was 265.85 days in 2010, 384.29 in 2011, 249.65 in 2012, 317.56 in 2013, 301.91 in 2014, 260.69 in 2015, 280.14 in 2016, 303.55 in 2017, 302.59 in 2018 and 422.67 days in 2019.

Join us back here tomorrow morning as we turn our attention to another landmark in non-death penalty criminal cases.

Image courtesy of Flickr by Ken Lund (no changes).

How Long Does Amicus and Supplemental Briefing Typically Take in Non-Death Penalty Criminal Cases?

In this post, we’re addressing the typical lag times involved between the end of party briefing in non-death penalty criminal cases and the filing of the final amicus or supplemental brief.

Because amicus and supplemental briefs are considerably less commonplace in criminal cases than they are in civil cases, the numbers show a lot of variability. The average was 173.14 days in 1990, 66.45 in 1991, 213.58 in 1992, 277.18 in 1993, 139.74 in 1994, 320.4 in 1995, 304.18 in 1996, only 85.17 in 1997, 404.09 in 1998 and 181.6 days in 1999.

The average lag time from reply to amicus/supplemental brief was 170.1 days in 2000, 158.33 in 2001, 240.5 in 2002, 137.73 in 2003, 221.05 in 2004, 237.19 in 2005, 490.88 in 2006, 410.4 in 2007, 178.5 in 2008 and 169.1 in 2009.

The average lag time from reply to amicus/supplemental brief was 272.06 days in 2010, 140.82 in 2011, 348.86 in 2012, 143.3 in 2013, 208.33 in 2014, 385.21 in 2015, 184.09 in 2016, 58.25 in 2017, 519.67 in 2018 and 732.09 days in 2019.

Join us back here on Thursday as we turn our attention to a new question.

Image courtesy of Flickr by Leandro Neumann Ciuffo (no changes).

How Long Does Party Briefing Typically Take in Non-Death Penalty Criminal Cases?

Last week, we began our review of the lag time between each typical landmark of a non-death penalty criminal case. This week, we’re reviewing the data on briefing in such cases. First up: the average lag time from filing of the opening brief to filing of the appellant’s reply brief.

In 1990, the average was 40.73 days. In 1991, it was 39 days, but from there, the number increased sharply: 70.04 in 1992, 109.88 in 1993, 85.26 in 1994, 71.3 in 1995, 78.65 in 1996, 90.59 in 1997, 100.66 in 1998 and 82.76 days in 1999.

Party briefing took roughly the same amount of time throughout the next decade. The average wait from opening to reply brief was 110.7 days in 2000, 88.24 in 2001, 83.84 in 2002, 91.35 in 2003, 1-9.65 in 2004, 101.86 in 2005, 135.55 in 2006, 105.45 in 2007, 92.69 in 2008 and 112.39 days in 2009.

The average lag time has drifted slightly higher during the just-concluded decade. It was 95.23 days in 2010, 100.52 in 2011, 108.48 in 2012, 122.16 in 2013, 105.93 in 2014, 101.16 in 2015, 134.37 in 2016, 130.03 in 2017, 132.1 in 2018 and 107.89 days in 2019.

Join us back here next time as we review the data for the average lag time from filing of the reply brief to the final amicus or supplemental brief.

Image courtesy of Flickr by GPA Photo Archive (no changes).

What’s the Average Lag Time from the Order Appointing Appellate Counsel to the Filing of the Opening Brief in Non-Death Criminal Cases?

The average lag time from the order appointing appellate counsel in non-death criminal cases to the filing of the opening brief was 30 days in 1990, 35.14 in 1991, 44.5 in 1992, 50.38 in 1993 and 38.38 days in 1994. The average jumped to 114.35 days in 1995 before falling back to 39.71 days in 1996. It rose to 127.29 days in 1997. The average was 60 days in 1998 and 70.44 days in 1999.

The average lag time was 54.52 days in 2000, 83.72 days in 2001 and 79.62 days in 2002. For the rest of the decade, the average was relatively flat: 40.41 in 2003, 58.58 in 2004, 47.12 in 2005, 64.12 in 2006, 58.56 in 2007, 52.04 in 2008 and 52.38 days in 2009.

The average was jumped to 98.9 days in 2010 and 83.58 days in 2011. It fell back to 59.88 in 2012, 59.81 in 2013, 54.45 in 2014 and 50.84 in 2015. Average wait time has increased since then: 177.16 days in 2016, 75.05 days in 2017, 90 days in 2018 and 88.18 days in 2019.

Join us back here next week as we continue our review of the lag time data for non-death criminal cases.

Image courtesy of Flickr by Renee Grayson (no changes).

What’s the Average Wait from Granting of the Petition to Review to the Order Appointing Counsel in Non-Death Criminal Cases?

For the past few weeks, we’ve been reviewing detailed lag time data for criminal (and civil cases). Now, we’re dividing death penalty and non-death criminal cases. First up, the average lag time from the date the non-death petition to review is granted to issuance of the order appointing appellate counsel.

In 1990, the average lag time was 44 days. In 1991, it was 35.33. The average jumped to 60.82 days in 1992, but then fell back to close to trend: 49.95 in 1993, 49.16 days in 1994, 49.05 in 1995, 44.25 in 1996, 55.79 in 1997, 54.24 in 1998 and 39.08 days in 1999.

In 2000, the average lag time was 43.77 days. It rose a bit to 48.55 in 2001. Average lag time was 35.3 in 2002, 44.76 in 2003, 31.18 in 2004, 21.54 in 2005, 26.12 in 2006, only 17.92 in 2007, 38.72 in 2008 and 25.3 days in 2009.

The average wait from the granting of the petition for review to the order appointing counsel remained low from 2010 to 2019. The average was 24.39 days in 2010, 22.47 in 2011, 25.98 in 2012, 25.15 in 2013, 24.59 in 2014, 28.39 in 2015, 40.44 in 2016, 27.21 in 2017, 41.06 in 2018 and 29.73 days in 2019.

Join us back here tomorrow as we review another milestone in non-death cases.

Image courtesy of Flickr by Sim Br (no changes).

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