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Reviewing Reversal Rates of the Second District by Area of Civil Law – 1990-1999

By Kirk Jenkins on May 15, 2022
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This time, we’re reviewing reversal rates during the 1990s for the seven then-active divisions of the Second District (Division Eight wasn’t created until later).

Overall, 100% of decisions were reversed in environmental law, contract law and secured transactions.  The reversal rate in government and administrative law was 90.91%.  Tort law saw an overall reversal rate of 72.5%.  Two-thirds of domestic relations cases were reversed for the decade.  The reversal rate for property law and workers compensation was 57.14%.  The reversal rate for constitutional law was 52.94%.  Four subjects had 50% reversal rates – civil procedure, insurance law, arbitration and tax.  Forty percent of employment law decisions were reversed.  No decisions were reversed in wills and estates law or commercial law.

Reviewing division-by-division for outliers, reversal rates in tort and government/administrative law were fairly consistent across the board (Division One had nine government cases reviewed during the decade – all nine decisions were reversed).  All Divisions were around the average for civil procedure and constitutional law.  In workers compensation, reversal was 100% from Divisions One and Three, one-third in Division Six and zero in Division Two.

Next up, we’ll review the data for the 1990s for the remaining districts.

Image courtesy of Flickr by Dennis Jarvis (no changes).

Photo of Kirk Jenkins Kirk Jenkins

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…

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.

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  • Posted in:
    Appellate
  • Blog:
    California Supreme Court Review
  • Organization:
    Arnold & Porter Kaye Scholer LLP
  • Article: View Original Source

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