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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.

In criminal cases between 2005 and 2020, dissents at the Appellate Court were more common than divided decisions in criminal cases in seven of sixteen years: 2005, 2008, 2010-2011, 2014-2015, 2018.  In 2007, 2016 and 2020, the percentages were identical.  In 2006, 28% of criminal cases had a dissent at the Supreme Court to 22%

Last week, we reviewed the year-by-year data comparing the dissent rate at the Appellate Court to the percentage of divided civil decisions at the Supreme Court, investigating whether dissent below signals a higher likelihood of a divided decision.  This week, we’re looking at the data for the years 2005 through 2020, civil first.

In eight

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%