How Often Do Governmental Entities Win Their Civil Appeals (Part 2)?

Yesterday, we began looking at governmental entities’ won-loss record in civil cases by area of law. Interestingly, governmental entities had significantly more trouble in government and administrative law cases than they did in the previous seven years. In 1997, governmental entities win two thirds of their tort cases and two thirds of their constitutional law cases. Governmental entities won one of their two cases in government and administrative law. Governmental entities lost their single cases in civil procedure, employment and insurance. In 1998, governmental entities won all six of their cases in constitutional law, all five of their government and administrative law cases, and their only tort case. Governmental entities won two of three civil procedure cases, but got shut out in tax and employment law. In 1999, the government won its only case in civil procedure, both its constitutional law cases and its one case in property law. The government won two of its three cases in government and administrative law and lost its only tort case. In 2000, the government won both its workers compensation cases and its only constitutional law case, but lost single cases in government and administrative law, tax and employment law.

In 2001, the government won its only tort case, eighty percent of its government and administrative law cases, two thirds of its constitutional law cases, and one of its two civil procedure cases – the first year (and only second overall) that the government avoided getting zeroed out in any area of law.

In 2002, governmental entities won two constitutional law cases, and their sole cases in tort law, employment law and property law. The government won only one of five cases arising in government and administrative law. The court lost its only civil procedure case. In 2003, the government won its one case in civil procedure and one case in tax law. The government won one of its two cases in constitutional law and one of its three cases in government and administrative law.

Join us back here next Tuesday as we continue to look at the government’s won-loss record in civil cases at the Illinois Supreme Court.

Image courtesy of Flickr by Dan Perry (no changes).

How Often Do Governmental Entities Win Their Civil Appeals (Part 1)?

For the past few weeks, we’ve been studying appeals brought to the Illinois Supreme Court by governmental entities – specifically, which areas do governmental entities tend to most often appeal in civil cases? This week, we begin our look at the natural follow-up question: how often do governmental entities win those appeals?

We begin with the years 1990 through 1996. During this period, the question of just how well governmental entities fared before the Court depended considerably on what area of law the case dealt with. Governmental entities tended to do very well, year by year, in government and administrative law cases. The government’s record in constitutional law cases was more variable, and in tort law and civil procedure cases, governmental entities didn’t do too well at all.

In 1990, governmental entities won their only constitutional law case. The government won 83.33% of their government and administrative law cases, one of their two tort cases and only a third of their civil procedure cases. Governmental entities lost their single cases in tax law and employment law.

In 1991, governmental entities won their single case involving government and administrative law and their one constitutional law case. The government won one of its two tort law cases, but lost its single cases in commercial and environmental law. The next year, governmental entities won both their constitutional law cases and their single domestic relations case. The government won 85.71% of its cases in government and administrative law, one of two civil procedure cases, and 40% of its tort cases. However, governmental entities got shut out in their two employment law cases and their single workers compensation case. In 1993, governmental entities won their single workers compensation case, and went 3-1 on government and administrative law cases. However, governmental entities lost their single cases in tort law, constitutional law and domestic relations. In 1994, governmental entities won all three of their cases in government and administrative law, and two cases in environmental law. The government won three quarters of their civil procedure cases and half their constitutional law cases, but lost single cases in tort law and insurance. In 1995, governmental entities won both of their two cases in government and administrative law, and their single case in environmental law. The government won three quarters of its cases in tort law and half its constitutional law cases, but lost single cases in civil procedure and arbitration.

Government entities had a very good year at the court in 1996 – not only did they win all their cases in four different areas, for the first time in these years, they weren’t shut out anywhere. Governmental entities were the appellants that year in seven cases all told involving government and administrative law, tort, civil procedure and tax law, and won them all. Governmental entities had seven cases that year in constitutional law, and won five – a winning percentage of 71.43%.

Join us back here tomorrow as we look at governmental entities’ winning percentage in the Court’s civil docket for another seven years – 1997-2003.

Image courtesy of Flickr by LHoon (no changes).

Here’s the Powerpoint and Recommended Reading From “Litigation Analytics and Appellate Law”

Earlier today, I had the pleasure of joining the Appellate Lawyers’ Association lunchtime meeting to talk about Litigation Analytics and Appellate Law: What the Numbers Tell Us About the Illinois and California Supreme Courts.  Attached here is a copy of the Powerpoint for the Presentation: Data Analytics 11 15 2017, and here’s a recommended reading list (in Word) of the academic literature applying statistical concepts to the study of appellate decision making.  Data Analytics Panel Recommended Reading.

What Areas of Law Does the Government Appeal in Civil Cases (Part 4)?

Yesterday, we continued tracking the areas of law, year by year, in which governmental entities appealed in civil cases. Today, we’re completing our review with the years 2011 through 2016.

Once again, the leading areas for governmental entities appeals were government and administrative law with 21 and constitutional law with 10. The court decided five tort cases from governmental entities and five civil procedure cases, four tax cases and three employment cases.

The court decided three government and administrative law cases in 2011, three in 2012, five in 2013, one in 2014, four in 2015 and five in 2016. The court decided three tort law cases in 2012 and one each in 2014 and 2015. The court decided one civil procedure case in 2012 and 2013, two in 2014 and one in 2015. The court decided two tax cases in 2011 and two in 2013. The court decided one employment law case in 2011 and two in 2013. The court decided two constitutional law cases in 2011, two in 2013, one in 2014, three in 2015 and two in 2016. The court decided one environmental law case in 2012. The court decided one workers compensation case in 2013 and one in 2015. The court decided one domestic relations case in 2011 and one insurance law case in 2015. Finally, the court decided one wills and estates case in 2012.

Join us back here next Tuesday as we turn to another issue in our analysis of the court’s decision making.

Image courtesy of Pixabay by CaptainDan (no changes).

Join Me on November 15 for “Patterns and Practice: How Analyzing the Illinois Supreme Court Can Boost Your Appeals”

On November 15 at the Union Club in Chicago, I’ll have the pleasure of joining the members of the Appellate Lawyers Association and the South Asian Bar Association of Chicago for a discussion of the data analytics revolution as it applies to appellate law – “Patterns and Practice: How Analyzing the Illinois Supreme Court Can Boost Your Appeals.” From the event announcement:

Please join us for an innovative exploration of data analytics and how it can enhance your appellate practice.  Kirk C. Jenkins, chair of the Appellate Task Force at Sedgwick LLP, has created an analytic database that includes roughly 275,000 data points from decisions handed down by the Illinois Supreme Court between 1990 and 2016.  Drawing on that robust analytic framework, Mr. Jenkins will share insights on and explore topics such as whether one can predict a case’s result by counting the questions at oral argument; which justices most often vote together and on what areas of law; and whether the Court (as well as individual justices) more often votes to reverse Appellate Court wins by plaintiffs or defendants.  A regular practitioner in California, Mr. Jenkins also will address distinctions between that state’s highest court and the Illinois Supreme Court.

Mr. Jenkins has exclusively practiced appellate litigation for more than 20 years.  He has served as lead counsel in over 200 appeals in state and federal courts across the nation and recently was elected a Fellow in the American Academy of Appellate Lawyers, an organization whose members have demonstrated the highest skill level and integrity in the practice of appellate law.

To register for the event, click here.

Image courtesy of Flickr by Bert Kaufmann.

What Areas of Law Does the Government Appeal in Civil Cases (Part 3)?

Last week, we began reviewing the subject matter areas in which governmental entities appealed to the Illinois Supreme Court between 1990 and 2003.  This week, we’ll turn our attention to the years 2004 through 2016.

For the years 2004 through 2010, governmental and administrative law was the most common source of appeals by government entities at 18.  There were 15 constitutional law appeals and five appeals each in tort law, tax, employment and domestic relations.  The court decided three governmental entity appeals in civil procedure and three in environmental law.

Turning to the year-by-year data, the court decided six government and administrative law cases in 2004, four in 2005, three in 2006, one in 2007, two in 2009 and two in 2010.  The court decided two cases in 2004 and one each in 2006, 2009 and 2010.  The court decided one case per year in civil procedure in 2006, 2008 and 2009.  The court decided two tax law cases in 2004 and one per year in 2006, 2007 and 2008.  The court decided two cases in employment law in 2005 and one per year in 2007, 2008 and 2009.  The court decided five cases in constitutional law in 2004, two per year in 2005 and 2006, one in 2007, three in 2008 and two in 2009.  The court decided one case per year in environmental law in 2004, 2005 and 2007.  The court decided one case in workers compensation in 2005.  The court decided two cases in domestic relations in 2004 and one in 2005, 2007 and 2008.  The court decided one property law case in 2009.  The court decided two property law cases in 2006.  Finally, the court decided one election law case in 2007.

Join us back here tomorrow as we continue our trip through the court’s governmental entity appeals.

Image courtesy of Flickr by Daniel X. O’Neil (no changes).

What Areas of Law Does the State Appeal in Civil Cases (Part 2)?

Yesterday, we began looking at a new question in our ongoing studies – what areas of law does the State most often appeal in civil cases?  We began in our last post with the years 1990 through 1996.  Today, we turn to the years 1997 through 2003.

For the first part of our study period, the State most frequently appealed constitutional law cases.  For our second seven-year period, government/administrative law and constitutional law cases are in a dead heat – the State appealed 23 cases arising from government and administrative law issues and twenty-two posing questions of constitutional law.  Civil procedure was next, accounting for nine cases, followed by tort law (seven), tax and employment law (three each).

The Court decided two cases appealed by the State in government and administrative law in 1997, four in 1998, three in 1999, one in 2000, five per year in 2001 and 2002 and three in 2003.  The Court decided six State appeals in constitutional law in 1997, another six in 1998, two in 1999, one in 2000, three in 2001 and two per year in 2002 and 2003.  The Court decided one State appeal relating to civil procedure in 1997, three in 1998, one in 1999, two in 2001 and one per year in 2002 and 2003.  The Court decided three tort cases arising in State appeals in 1997 and one in 1998, 1999, 2001 and 2002.   The Court decided one State appeal per year in tax law in 1998, 2000 and 2003.  The Court decided one employment law case per year in 1997, 1998 and 2002.

The Court decided two State appeals relating to workers compensation in 2000, and one State appeal raising questions of property law in 1999 and 2002.  The Court decided one State appeal involving insurance law in 1997, and one involving arbitration law in 1998.

Join us back here next Tuesday as we continue our examination of the State’s civil appeals.

Image courtesy of Flickr by Nathan Guy (no changes).

What Areas of Law Does the State Appeal in Civil Cases (Part 1)?

Over the past few weeks, we’ve looked at how often the State is the appellant in civil and criminal cases at the Supreme Court, and at the distribution of the Court’s cases among the Districts and Divisions of the Appellate Court.  This week, we turn our attention to a new topic: what areas of law does the State tend to appeal?  First up, the civil docket, 1990-1996.

Not surprisingly, the most frequent area of the civil law in which the State appealed during these years was constitutional law.  The State appealed two con law cases in 1990, one in 1991, two in 1992, one in 1993, four in 1994 and 1995, and seven in 1996.  Next was government and administrative law.  The State appealed six such cases in 1990, one in 1991, seven in 1992, four in 1993, three in 1994, two in 1995 and four in 1996.

The State appealed twelve decisions in tort law – two each in 1990 and 1991, five in 1992, one in 1993 and 1994, four in 1995 and one in 1996.  The State appealed four decisions in environmental law – one in 1991, two in 1994 and one in 1995.  The State appealed three employment law decisions – one in 1990 and two in 1992.  The State appealed two decisions in three different areas of law: tax, workers compensation and domestic relations.  Finally, the State appealed one decision apiece in the areas of commercial law, insurance law and arbitration (1991, 1994 and 1995, respectively).

Join us back here tomorrow as we turn to the data for the years 1997 through 2003.

Image courtesy of Flickr by Marco Verch (no changes).

How Were the Court’s Criminal Cases Distributed at the Appellate Court (Part 4)?

Yesterday, we reviewed the origin of the Court’s criminal docket for the years 2005 through 2010.  Today, we finish the journey – the years 2011 through 2017.

One hundred and one of the 244 criminal, quasi-criminal and disciplinary cases the Court has heard 2011-2017 came from Chicago’s First District – 41.39%.  The Court decided eight cases from Division One in 2016, three in 2011, two in 2013 and one in 2014 and so far in 2017..  The Court decided three cases from Division Two in 2015, two in 2012, 2014 and so far in 2017, and one in 2011, 2013 and 2016.  The Court decided seven cases from Division Three in 2013, four in 2015, three in 2014, two in 2012 and 2017 and one in 2016.  The Court decided three cases from Division Four in 2012, 2013 and 2017, two in 2011 and 2016 and one in 2014.  The Court decided three cases from Division Five in 2013, two in 2015 and one per year in 2011, 2012, 2016 and so far in 2017.  The Court decided three cases from Division Six in 2013 and 2015, two in 2014 and one per year in 2011 and 2012.  Among cases we couldn’t attribute to a particular Division, the Court decided fifteen cases in 2011, four in 2012 and one per year in 2013, 2015 and 2017.

The Court decided six cases from the Second District in 2011, five in 2013 and 2014, three in 2012 and 2015, two in 2017 and one in 2016.  The Court decided ten criminal cases from the Third District in 2012, eight in 2016, six in 2015, five in 2011, 2013 and 2017 and four in 2014.  The Court decided eight cases from the Fourth District in 2011, six in 2014, four in 2012 and 2015, three in 2013 and 2016 and two in 2017.  The Court decided five cases from the Fifth District in 2014, four in 2016, two in 2015 and 2017 and one in 2011 and 2013.

The Court has decided only twenty-three direct appeals from the Circuit Courts between 2011 and 2017: six in 2016, five in 2015, four in 2014, three in 2011 and 2013, and one in 2012 and so far in 2017.  The Court has decided only three criminal cases under its original jurisdiction – one in 2011, 2012 and 2017.  The Court decided one disciplinary case per year in 2011, 2012, 2013 and 2014.

Join us back here next Tuesday as we begin our analysis of a new question.

Image courtesy of Flickr by Natalie Maynor (no changes).

How Were the Court’s Criminal Cases Distributed at the Appellate Court (Part 3)?

Last week, we began looking at which Districts and Divisions of the Appellate Court produced the Supreme Court’s criminal, quasi-criminal and attorney disciplinary docket for the years 1990 through 2003.  This week, we’re looking at the rest of our study period.  First up, 2004 through 2010.

For the years 2004 through 2010, 131 of the Court’s 356 criminal cases originated in the First District – 36.8% of the criminal docket.  Four cases came from the First District in 2010, three in 2007 and 2009 and two in 2004 and 2008.  Four cases came from Division Two in 2009, three in 2005, and one per year in 2007, 2008 and 2010.  Five cases came from Division Three of the First District in 2006, four in 2005 and three per year in 2004, 2008, 2009 and 2010.  Six cases came from Division Four in 2009, four in 2004 and 2006, two in 2010 and one per year in 2005 and 2008.  Four cases came from Division Five in 2008, three in 2004 and two in 2005 and 2006.  Five cases came from Division Six in 2007, two in 2004 and one per year in 2005, 2006, 2009 and 2010.  Finally, as we’ve discussed in earlier posts, because so many criminal cases are unpublished at the Appellate Court, we always have cases which can’t be attributed to a particular Division of the First District.  The Court decided three such cases in 2004, eight in 2005, four in 2006 and 2007, seven in 2008 and ten per year in 2009 and 2010.

The Court decided fifty-nine cases from the Second District.  The Court decided thirteen cases from the Second District in 2010, eleven in 2005, ten in 2008, eight in 2004 and 2006, five in 2007 and four in 2009.  The Court decided sixty cases from the Third District – twelve in 2008 and 2010, eleven in 2004, ten in 2005, seven in 2006, five in 2009 and three in 2007.  The Court decided forty-nine cases from the Fourth District – eleven in 2004, nine in 2005, eight in 2006 and 2009, seven in 2008 and three in 2007 and 2010.  The Court decided only eleven cases from the Fifth District during these years – four each in 2004 and 2005, two in 2006 and one in 2010.

As the state’s experience with the death penalty wound down during these years, direct appeals became less common.  The Court heard ten direct appeals in 2004, seven in 2006, six in 2005, four in 2007, 2009 and 2010 and three in 2008.  The Court decided only five cases pursuant to its original jurisdiction on the criminal docket – three in 2009 and one in 2004 and 2010.  The Court decided two attorney disciplinary cases in 2006 and one in 2009.  The Court decided no certified question appeals during these years on the criminal docket.

Join us back tomorrow as we review the Court’s criminal docket for the years 2011 through 2017.

Image courtesy of Flickr by Matt Turner (no changes).

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