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How Often Do Governmental Entities Win in Civil Cases?

By Kirk Jenkins on September 29, 2017

Last week, we began our review of the Court’s experience with governmental entities.  This week, we’re evaluating governmental entities’ winning percentage.

Petitioners won 85.71% of their cases in 1994, 59.09% in 1995 and 100% in 1996.   Petitioners won 85.71% in 1997, 64.29% in 1998, 57.14% in 1999 and 71.43% in 2000.

In 2001, petitioners won 57.14% of the Court’s decisions.  Petitioners accounted for 88.89% in 2002 and 2004, and 80% in 2003.

We review governmental entity respondents from 1994 to 2004 in Table 313.  Half of the Court’s governmental entity respondents prevailed in 1994.  Two-thirds prevailed in 1995, 37.5% won in 1996, 71.43% won in 1997.  Two-thirds won in 1998, 40% in 1999, 42.86% in 2000 and one-quarter in 2001.  In 2002, 57.14% of governmental entity respondents prevailed.  In 2003, one-third of respondents won, and in 2004, 36.36% did.

In Table 314, we report government entity appellants’ winning percentage for the years 2005 through 2016.  Government entity appellants won only 28.57% of their cases in 2005.  Appellants won three-quarters of the time in 2006, 80% in 2007, 77.78% in 2008, and 100% in 2009.  In 2011, government entity appellants won three quarters of the time.  Appellants won 100% of their cases in 2012, but none in 2013 and 100% again in 2014.  Government entity appellants won two-thirds of their cases in 2015 and 77.78% in 2016.

In 2005, government entity respondents won 44.44% of their cases.  In 2006, respondents won 47.83%.  Government entity respondents won 70% in 2007 and half in 2008 and 2009.  In 2010, government entity respondents won 57.14% of their cases.  In 2011, government entity respondents won only 28.57% of their cases.  In 2012, government entity respondents won 83.33%.  Government entity respondents won half their cases in 2013, two-thirds in 2014, 46.67% in 2015, but only 20% in 2016.

Join us back here next Thursday as we turn our attention to the Court’s criminal docket.

Image courtesy of Flickr by Owen Allen (no changes).

  • Posted in:
    Appellate
  • Blog:
    California Supreme Court Review
  • Organization:
    Arnold & Porter Kaye Scholer LLP
  • Article: View Original Source

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