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Kirk Jenkins brings a wealth of experience to his appellate practice, which focuses on antitrust and constitutional law, as well as products liability, RICO, price fixing, information sharing among competitors and class certification. In addition to handling appeals, he also regularly works with trial teams to ensure that important issues are properly presented and preserved for appellate review.  Mr. Jenkins is a pioneer in the application of data analytics to appellate decision-making and writes two analytics blogs, the California Supreme Court Review and the Illinois Supreme Court Review, as well as regularly writing for various legal publications.

We determined last time that there was relatively little connection between the rate of dissent at the Appellate Court and the likelihood of division at the Supreme Court in civil cases.  This time, we’re looking at criminal cases for the same years: 1990 through 2004.

The connection between dissent at the Appellate Court and Supreme

This time, we’re finishing our review of the data for amicus briefs and won-loss records overall for the years 2005 through 2020.

Appellants in insurance law cases won 58.82% of their cases to 41.18% for appellees.  Amici fared far worse – appellants’ amici won 20%, while appellees’ amici won only one-third.  In property law cases,

This week, we’re comparing the won-loss percentage for appellants’ and appellees’ amici by area of law to the won-loss overall for the years 2005 through 2020.

Appellants in arbitration cases won 60% of their cases.  Appellants’ amici won all their cases, while respondents’ amici won none of theirs.

Appellants in civil procedure cases won 63.1%

This time, we’re continuing our trip through the amicus data, comparing winning percentage for appellants’ and appellees’ amici, one area of law at a time, to the overall winning percentage for each side in that area.

In workers compensation cases, appellants won 67.5% of the cases to 32.5% for appellees.  Appellants’ amici won 70% of

This week, we’re looking at another issue in our ongoing examination of the data regarding amicus briefs at the Supreme Court.  Specifically, we’ll be comparing the percentage of amicus briefs supporting appellants and respondents which wound up on the winning side to the winning percentage of appellants and respondents overall.

Of course, this comparison is

Appellants’ and appellees’ amici had similar won-lost records overall in criminal cases from 2010 to 2020 – appellants won two-thirds of the time, and appellees’ amici won 69.23% of their cases.

Amicus briefs remained very (very) rare in criminal cases over the past eleven years, however.  All appellants’ amici in criminal procedure, sentencing law and

Between 2010 and 2020, 212 amicus briefs have been filed at the Court in civil cases.  Briefs supporting appellants have been on the winning side in 71.43% of cases, while briefs supporting appellees have prevailed in only 29.07%.

All appellants’ amici in four subjects prevailed: workers compensation, commercial law, property law and environmental law.  87.88%