As the philosophical composition of the Court has shifted in recent years, tort defendants have seen their won-loss record fall. From 2010 to 2019, defendants have won 18 cases while losing 22. Defendants won only three of fifteen cases from 2013 through 2016 and five of nine from 2017 to 2019. During the decade, tort defendants have successfully defended Court of Appeal wins in only eight of twenty cases. From 2011 to 2016, defendants won…

Between 2000 and 2009, tort defendants continued to fare well before the Supreme Court, winning 44 cases while losing 32. Defendants were 9-5 in 2002, 6-2 in 2003 and 8-4 in 2007. On the other hand, defendants won only one out of seven decisions in 2005. Tort defendants who prevailed at the Court of Appeal continued to have good success in preserving those wins, winning 21 cases while losing 12 during the decade. Defendants won…

Today and next week, we’re reviewing the Court’s year by year record in tort cases – what’s the defendants’ won-loss record, how often were tort defendant wins from the Court of Appeal affirmed and losses reversed. In Table 1255, we report insurers’ yearly won-loss record from 1990 to 1999. What’s evident from the data is that tort defendants were doing quite well from 1990 to 1993, but for the rest of the decade, the numbers…

Since she joined the Court in 2015, Justice Kruger has participated in six cases involving insurer parties, splitting her votes down the middle – three for the insurer party, three against. Justice Kruger has participated in three cases won by the insurers at the Court of Appeal, voting to affirm one insurer win and voting to reverse twice. Justice Kruger has participated in only one case lost by the insurer at the Court of Appeal,…

So far we’ve reviewed four Justices’ voting records in civil cases with insurers as named parties. Today, we’re looking at the data for Justice Cuellar. Like Justice Liu, Justice Cuellar has split his votes right down the middle on the six insurer cases he’s participated in – three votes for the insurer’s position, three votes against. Justice Cuellar has voted to affirm in one case won by the insurer at the Court of Appeal and…

Today we continue our seven-part post reviewing the voting records of the individual Justices in civil cases involving insurers as named parties. Since joining the Court in 2011, Justice Liu has participated in eight such cases. He has evenly split his votes – four votes against the insurer’s position, four votes for. Four of these eight cases were won by the insurer below. Justice Liu voted to affirm in two of those four cases and…

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 four cases while voting against insurers five times. In Table 1245, we divide the Chief Justice’s cases by the winner…