Last week, we reviewed the year-by-year data for the Court’s tort law caseload.  This week, we’re answering our usual second week questions: (1) did the Court decide more defense or plaintiffs’ wins; (2) did the Court reverse either side’s wins at a higher rate; and (3) how often did the Court reverse tort decisions, either in whole or in part?

The data shows that between 1990 and 2017, the Supreme Court was far more likely to review plaintiff’s wins in tort law cases than defense wins – 66.86% of the cases the Court decided were won by the plaintiffs below.  And not surprisingly, it was far more likely to reverse plaintiff’s wins – it reversed 63.72% of the plaintiff’s wins it heard, but only 47.32% of the defense wins.

In Table 736, we review the yearly totals of defense wins which were affirmed.  The Court affirmed four defense wins in 1990, two per year in 1991 and 1992, three per year in 1993 and 1994, one in 1995, two in 1996, six in 1997 and three per year in 1998, 199, 2000 and 2001.

The Court affirmed two defense wins in 2002, one in 2003, three in 2004, none in 2005, four in 2006, two in 2007, four in 2008, none in 2009 and two in 2010.  The Court affirmed three defense wins in tort cases in 2011, none between 2012 and 2015, two in 2016 and one in 2017.

In Table 737, we review the yearly data for defendants’ wins which were reversed in tort cases.  The Court reversed six decisions in 1990, two in 1991, seven in 1992, three in 1993, two in 1994, five in 1995, one in 1996, three in 1997, one in 1998, zero in 1999 and two in 2000.

The Court reversed in one case in 2001, two each in 2002 and 2003, one in 2004, zero in 2005, two per year in 2006 and 2007, four in 2008, one in 2009 and three cases in 2010.

The Court reversed defendants’ wins in zero cases in 2011, 2012, 2014, 2015 or 2017.  It reversed once in 2013 and twice in 2016.

In Table 738, we review the eighty-two cases in which the Court affirmed plaintiffs’ wins in tort cases.  The Court affirmed four times in 1990, six in 1991, twelve in 1992, five in 1993, four in 1994, three in 1995, one in 1996, four in 1997, three in 1998 and 1999, and twice in 2000.

The Court affirmed in zero cases in 2001, six in 2002, three in 2003, two per year in 2004 and 2005, three in 2006, two in 2007 and 2008, one in 2009 and two cases in 2010.

The Court affirmed in three cases per year in 2011 and 2012, zero in 2013, two in 2014, one each in 2015 and 2016 and two cases in 2017.

In Table 739, we review the 144 cases in which the Court reversed plaintiffs’ wins from the Appellate Court in tort cases.  The Court reversed in six cases per year in 1990 and 1991, seven in 1992, one in 1993, six in 1994, twelve in 1995, eleven in 1996, four in 1997, ten in 1998, seven in 1999 and five in 2000.

The Court reversed in four cases in 2001, six in 2002, three in 2003, six in 2004, four in 2005, three in 2006, one in 2007, four in 2008, six in 2009 and two cases in 2010.

Finally, the Court reversed in six cases in 2011, seven in 2012, three per year in 2013 and 2014, six in 2015, one in 2016 and four in 2017.

In Table 740, we review the overall data, regardless of the party prevailing below.  For the entire period, the Court reversed in whole or in part in 201 of 339 cases – 59.29%, somewhat above the reversal rate for other areas of law.  From 1990 to 1995, the Court reversed in whole or in part in 56.25% of its tort cases.  From 1996 to 2000, the reversal rate jumped to 65.28%.  Between 2001 and 2005, the reversal rate fell to 51.85%.  From 2006 to 2010, the reversal rate was up again, to 58%.  From 2011 to 2017, the reversal rate for tort cases has risen again, to 66.67%.

Join us back here tomorrow as we take a closer look at the Court’s death penalty decisions.

Image courtesy of Flickr by Yiannis Theologos Michellis (no changes).