What Kinds of Insurance Cases Does the Supreme Court Decide (Part 2 – 2005-2019)?

Between 2005 and 2019, the Supreme Court has decided 32 insurance cases.  Twelve of those cases involved coverage issues.  Eight involved defenses to coverage.  Six cases involved exclusions to coverage.  There were three cases involving regulatory issues, two “other” and none involving excess coverage.

Join us back here next week as we turn our attention to a new issue.

Image courtesy of Flickr by Brian Crawford (no changes).

What Kinds of Insurance Cases Does the Supreme Court Decide (Part 1 – 1990-2004)?

Last week, we drilled down on the Court’s tort docket, reviewing the sub-areas of tort law that the Court’s cases have been drawn from over the past thirty years.  This week, we’re doing the same thing for the Court’s insurance law cases.

We divide the insurance cases into seven categories: Coverage (and the insurer’s duties resulting from coverage, such as duty to defend); Excess coverage; Separate torts by insurers; Exclusions; Defenses; Regulatory issues and “Other.”  Since all of the Court’s insurance cases between 1990 and 2004 fell into one of the first six categories, we omit “other” in the chart below.

The Court decided 22 coverage cases during these years.  Fifteen cases related to insurer defenses.  Another dozen related to coverage exclusions.  The Supreme Court decided five regulatory cases, two cases relating to excess coverage issues, and one regarding separate torts.

Join us back here next time as we review the cases for the years 2005 through 2019.

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

What Kinds of Tort Cases Does the Supreme Court Decide (Part 2 – 2005-2019)?

Last time, we began taking another look at the Court’s tort cases since 1990 – specifically, what issues within the field of tort law has the Court been interested in?  This time, we’re reviewing the data for the years 2005 through 2019.

Tort cases have been significantly less common on the Court’s docket during this period – 233 cases from 1990 to 2004, only 111 from 2005 to 2019.  Once again, the sub-areas of duty and defenses were the most common, as the Court decided 37 duty cases and 33 cases involving various tort defenses.  There were fewer spikes between those issues – the Court decided seven duty cases and only two involving defenses in 2012, and four defenses cases and zero duty in 2016 – but otherwise, the numbers were evenly split each year.  Damages cases became a bit more common in comparison to the other two remaining sub-issues.  The Court decided 19 damages cases during these years, 11 involving breach and causation issues and 11 “other.”

Join us back here next week as we turn our attention to another area of law.

Image courtesy of Flickr by Stephen Hanafin (no changes).

What Kinds of Tort Cases Does The Supreme Court Decide (Part 1 – 1990-2004)?

For the past few months, we’ve been looking at the Court’s decision record and the individual Justices’ voting records in various civil and criminal areas of law.  This week, we’re beginning a deeper dive – dividing those areas of law into discrete sub-issues and tracking where the Court has been drawing its cases from.

We begin with torts, which we divide into five categories: duty, breach, defenses, damages and “other” – mostly procedural questions which tend to arise in tort cases.  In Table 1659, we report the data for the years 1990 through 2004.  If you’re unfamiliar with this type of chart, the height of each bar is the total number of tort cases the Court decided in a given year, and the different colored slices show the number of cases which fell into each sub-issue.

Between 1990 and 2004, the Supreme Court decided 233 tort cases.  Although duty was the most common sub-area with 97 cases, it wasn’t by much – the Court decided another 78 cases which dealt with various defenses.  There were only 10 cases falling into the category of breach (causation issues).  The Court decided 25 damages cases and another 23 “other.”

Although there were spikes in both directions between duty and defenses cases – 11 duty to 5 defenses in 1990, 2 duty to 11 defenses in 1997 and 10 duty to 2 defenses in 1998 – those two sub-areas tended to split the Court’s tort docket fairly evenly year by year.  The breach cases fell in 1991 (1), 1992 (3) and 1999-2001 (3, 2 and 1, respectively).  Damages and “other” cases were evenly spread across the fifteen year period, and neither sub-area ever predominated over the other in a given year.

Join us back here next time as we review the data for the years 2005 through 2019.

Image courtesy of Flickr by Kristina D. C. Hoeppner (no changes).

How Have Justices Theis and Neville Voted in Domestic Relations Cases?

Justice Theis has participated in 20 domestic relations cases since joining the Court.  She has voted for defendants in nine of those cases and for plaintiffs 11 times.  Between 2011 and 2015, she supported defendants in seven of fifteen cases.  From 2016 to 2019, she voted for defendants in two of five cases.

Six of those twenty cases were won by the defendant at the Appellate Court. Justice Theis has voted to affirm in two of those six cases and to reverse, in whole or in part, four times.  Between 2011 and 2015, she voted to affirm in one of four cases.  Between 2016 and 2019, she voted to affirm in one of two cases.

The remaining fourteen cases were lost by defendants at the Appellate Court.  Justice Theis has voted to reverse in half of those fourteen cases.  Between 2011 and 2015, she voted to reverse, in whole or in part, in six of eleven cases.  Between 2016 and 2019, she voted to reverse in one of three cases.

Since joining the Court, Justice Neville has participated in two employment law cases, both of which were lost by the defendants at the Appellate Court.  He voted to reverse one of those defense losses and voted to affirm in the other case.

Join us back here next week as we continue our review of the Court’s record in particular areas of law.

Image courtesy of Flickr by safetypinheart (no changes).

How Has Chief Justice Burke Voted in Domestic Relations Cases?

Chief Justice Burke has participated in 33 domestic relations cases.  She has voted for defendants’ position in 14 cases and against defendants 19 times.  From 2007 to 2009, she voted for defendants in three of nine cases.  From 2010 to 2014, she voted for defendants in seven of fifteen cases.  From 2015 to 2019, she voted for defendants in four of nine cases.

Fourteen of those cases were won by the defendants below.  Chief Justice Burke voted to affirm in three of those fourteen cases and voted to reverse, in whole or in part, eleven times.  From 2007 to 2009, she voted to reverse in all five cases.  From 2010 to 2014, she voted to affirm twice and to reverse five times.  From 2015 to 2019, she voted to affirm in one of two cases.

Nineteen cases were lost by defendants at the Appellate Court.  Chief Justice Burke voted to reverse, in whole or in part, eleven times and voted to affirm eight times.  From 2007 to 2009, she voted to reverse in three of four cases.  From 2010 to 2014, she voted to reverse in five of eight cases.  From 2015 to 2019, she voted to reverse three times and to affirm in four cases.

Join us back here tomorrow as we complete our review of the Justices’ voting records in domestic relations cases.

Image courtesy of Flickr by tomohisa suna (no changes).

How Has Justice Karmeier Voted in Domestic Relations Cases?

Since joining the Court, Justice Karmeier has participated in 37 domestic relations cases.  He has voted for defendants in 18 cases and against them 19 times.

Between 2005 and 2009, Justice Karmeier voted for defendants in six of thirteen cases.  Between 2010 and 2014, Justice Karmeier voted for defendants in eight of fifteen cases.  Between 2015 and 2019, Justice Karmeier voted for defendants in four of nine cases.

Fourteen of these cases were won by the defendants at the Appellate Court.  Justice Karmeier voted to affirm five of these decisions and voted to reverse nine times.  Between 2005 and 2009, he voted to affirm in one of five cases.  From 2010 to 2014, he voted to affirm in three of seven cases.  From 2015 to 2019, he voted to affirm in the only defendants’ win to come before the Court.

Twenty-three cases were lost by the defendants at the Appellate Court.  Justice Karmeier voted to reverse 13 of those decisions and voted to affirm in 10 cases.  Between 2005 and 2009, Justice Karmeier voted to reverse in five of eight cases.  Between 2010 and 2014, Justice Karmeier voted to reverse in five of eight cases.  Between 2015 and 2019, Justice Karmeier voted to reverse in three of seven cases.

Join us back here next week as we proceed to the next two Justices’ voting records.

Image courtesy of Flickr by [MGM] (no changes).

How Did Justice Thomas Vote in Domestic Relations Cases?

As we continue our review of the Justices’ voting records, next up is the recently retired Justice Thomas.

Between joining the Court and the end of 2019, Justice Thomas participated in 53 domestic relations cases.  He voted with defendants in 22 of those cases and against them 31 times.  Between 2001 and 2005, he voted for defendants in nine of eighteen cases.  Between 2006 and 2010, he voted for defendants only three times in thirteen cases.  Between 2011 and 2015, he voted for defendants seven times in seventeen cases.  Between 2016 and 2019, Justice Thomas voted for defendants in three of five cases.

Twenty-one of these cases were won by defendants at the Appellate Court level.  Justice Thomas voted to affirm seven of these wins and to reverse, in whole or in part, 14 times.  Between 2001 and 2005, he voted to affirm in three of seven cases.  From 2006 to 2010, he voted to affirm once in six cases.  Between 2011 and 2015, he voted to affirm in two of six cases.  Between 2016 and 2019, he voted to affirm in one of two cases.

Thirty-two of these cases were lost by the defendants at the Appellate Court.  Justice Thomas has voted to reverse, in whole or in part, in 15 of those 32 cases.  Between 2001 and 2005, he voted to reverse in six of eleven cases.  From 2006 to 2010, he voted to reverse twice in seven cases.  Between 2011 and 2015, he voted to reverse in five of eleven cases.  Between 2016 and 2010, he has voted to reverse in two of three cases.

Join us back here tomorrow as we continue our review of the Justices’ voting records.

Image courtesy of Flickr by Michaela Loheit (no changes).

How Has Justice Kilbride Voted in Domestic Relations Cases?

Justice Kilbride has participated in 54 domestic relations cases since joining the Court, voting for defendants in 22 cases and against in 32.  From 2001 to 2005, he voted for defendants in nine of eighteen cases.  From 2006 to 2010, he voted for defendants in only four of fourteen cases.  From 2011 to 2015, he voted for defendants in six of seventeen cases.  From 2016 to 2019, he voted for defendants in three of five cases.

Twenty-one of these cases were won by the defendant at the Appellate Court.  Justice Kilbride has voted to affirm in only six of those twenty-one cases.  From 2001 to 2005, he voted to affirm three of seven defendants’ wins.  From 2006 to 2010, he voted to affirm only one of six.  From 2011 to 2015, he once again voted to affirm in one of six cases.  From 2016 to 2019, he voted to affirm in one of two cases.

The remaining 33 cases were lost by the defendants at the Appellate Court.  Justice Kilbride has voted to reverse, in whole or in part, in 16 of those 33 cases.  From 2001 to 2005, Justice Kilbride voted to reverse six times in eleven cases.  From 2006 to 2010, he voted to reverse in three of eight.  From 2011 to 2015, he voted to reverse in five of eleven cases.  From 2016 to 2019, Justice Kilbride voted to reverse in two of three cases.

Join us back here next week as we continue our review of the Justices’ voting records in domestic relations cases.

Image courtesy of Flickr by Tony B (no changes).

How Has Justice Garman Voted in Domestic Relations Cases?

Today, we begin our review of the individual Justices’ voting records in domestic relations cases, in order of seniority.

Justice Garman has participated in 53 domestic relations cases since taking her seat.  She has voted for defendants in 22 of those cases and against them 31 times.  Between 2001 and 2005, she split her votes evenly in 18 cases – nine for defendants, nine against.  From 2006 to 2010, Justice Garman voted for defendants in three of thirteen cases.  Between 2011 and 2015, she voted for defendants in seven of seventeen cases.  From 2016 to 2019, she voted for defendants in three of five cases.

Twenty-one of those cases were won by defendants at the Appellate Court.  Justice Garman voted to affirm six of those wins and to reverse, in whole or in part, 15 times.  From 2001 to 2005, she voted to affirm in three of seven cases.  From 2006 to 2010, she voted to reverse all six defendants’ wins she participated in.  From 2011 to 2015, she voted to affirm twice and to reverse four times.  From 2016 to 2019, she evenly split her votes in two cases.

Justice Garman has participated in 32 domestic relations cases lost by defendants at the Appellate Court, voting to reverse 16 times and to affirm 16 times.  From 2001 to 2005, she voted to reverse in six of eleven cases.  From 2006 to 2010, she voted to reverse in three of seven cases.  From 2011 to 2015, she voted to reverse in five of eleven cases.  From 2016 to 2019, she voted to reverse in two of three cases.

Join us back here next time as we turn our attention to the next Justice.

Image courtesy of Flickr by Christian Wilcox (no changes).

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