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.