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Reviewing Reversal Rates of the Third, Fourth, Fifth and Sixth Districts by Areas of Civil Law, 1990-1999

By Kirk Jenkins on May 15, 2022
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This time, we’re concluding our examination of the reversal rates of the Courts of Appeal in civil cases during the 1990s.  Overall, reversal rates were 100% with respect to property law, contract law and arbitration.  Government and administrative law and domestic relations decisions were reversed 83.33% of the time.  The reversal rate for insurance was 81.82%.  Three-quarters of workers compensation cases were reversed.  Two-thirds of election law cases were reversed.  The reversal rate for tort cases was 61.8%.  For constitutional law, the reversal rate was 60%.  Half of employment and tax law decisions were reversed.  The reversal rate for civil procedure was 43.33%.  No decisions were reversed in wills and estates, environmental law or commercial law.

Reviewing the district-by-district rates looking for outliers – half the decisions from the Third District in tort law were reversed.  One-quarter of tort decisions from Division One of the Fourth District were, and one third of decisions from Division Two of the Fourth were.  Only 28.6% of government and administrative law decisions from Division One of the Fourth District were reversed.  The reversal rate from the Fifth District was zero.  The reversal rate from the Fifth District in domestic relations was only two-thirds.  The reversal rate in Division Two of the Fourth District was 100%, while the rate in the Fifth District was zero.  The reversal rate in the Fifth District for workers compensation cases was zero, while the rate in Division One of the Fourth and the Sixth District was 100%.

Join us back here next time as we continue our review of the data.

Image courtesy of Flickr by Gary Todd (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 and Supreme Court
  • Blog:
    California Supreme Court Review
  • Organization:
    Arnold & Porter Kaye Scholer LLP
  • Article: View Original Source

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