This week in our ongoing review of the Justices’ voting records in various areas of law, we’re beginning our look at civil procedure cases. The Court decided 116 cases from 1990 to 1999 involving issues of civil procedure between 1990 and 1999. Defendants won 61 of those cases and plaintiffs won 55 cases. Defendants were 12-5 in 1990, 8-5 in 1991 and 8-7 in 1992, but for three years after, they went into a losing streak – 3-5 in 1993, 4-14 in 1994 and 4-7 in 1995.
The Court decided a total of 50 cases won by the defendant at the Appellate Court level. Twenty-four of those decisions were affirmed at the Supreme Court. Twenty-six decisions were reversed, in whole or in part. Between 1996 and 1999, defendants were 12-5 in defending decisions won at the Appellate Court level.
The Court decided 66 civil procedure cases lost by the defendants below. Thirty-seven of those decisions were reversed in whole or in part and 29 were affirmed. Defendants were 20-7 in attacking Appellate Court losses in 1990, 1991 and 1992. From 1993 to 1995, defendants were 7-15.
Join us back here next week as we continue our examination of the Court’s civil procedure decisions.