For the next few weeks, we’ll be taking a deep dive on the Supreme Court’s tort cases. To begin, we’ll consider whether there is any relationship between the party which won at the Appellate Court and the result at the Supreme Court for the years 1990 through 1999.
The reversal rate for tort cases at the Supreme Court was around the same level at the beginning of the decade: 60% in 1990 and 50% in 1991 and 1992. After a brief dip in 1993, the reversal rate was 53.33% in 1994 before rising to 80.95% in 1995 and 80% in 1996. The reversal rate was 41.18% in 1997. It rose to 64.71% in 1998 before falling a bit to 53.85% in 1999.
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Next, we divide the tort cases into defendants’ wins at the Appellate Court (affirmed by the Supreme Court and reversed) and plaintiffs’ wins below. In 1990, the records were identical – 4 reversals of 6 cases, defendants and plaintiffs. In 1991, there were six plaintiffs’ wins decided at the Supreme Court (all reversed) and two defendants’ wins (both reversed). In 1992, the Court decided seven of nine defendants’ wins and the Court decided twelve of nineteen plaintiffs’ wins. In 1994, the Court decided ten plaintiffs’ wins to five defendants’ wins. In 1995, the Court decided fifteen plaintiffs’ wins to only six defendants’ wins. In 1996, the Court decided twelve plaintiffs’ wins to only three defendants’ wins. In 1998, the Court decided thirteen plaintiffs’ wins to four defendants’ wins.
Join us back here next time as we continue to review the data for the years 1990 through 1999.