Do Winning Parties Tend to Have More Amicus Support in Civil Cases (Part 2)?

6026494605_3e23771fa0_z Yesterday, we reviewed who averaged the most amicus support in civil cases between 1994 and 2005 – winning parties, losers, or parties who won only in part.  Today, we address the data for the years 2006 through 2016. Petitioners nearly always averaged more amicus briefs when the Court reversed (i.e., winning petitioners) than when the Court affirmed.  View Full Post
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Amendments to the Idaho Appellate Rules Address Electronic Briefs, Standard Transcripts in Criminal Appeals, and Appealable Judgments from the Magistrate Courts

By | Notice of Appeal | May 25, 2017
The Idaho Supreme Court recently announced amendments to Idaho Appellate Rules 11.1, 12.1, 12.2, 25, 27(f), 28(g), 32(b), 33, 34(a), 34.1, and 40. The changes go into effect July 1, 2017. Attorneys handling appeals before the Supreme Court should note that the submission of electronic briefs will be mandatory. View Full Post
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Do Winning Parties Tend to Have More Amicus Support in Civil Cases (Part 1)?

13419714013_35428de3cf_z For the past two weeks, we’ve been reviewing the data on the Supreme Court’s experience with amicus briefs, asking whether petitioners or respondents tend to average more amicus support.  Now, as a further step towards modeling the impact of amicus briefs, let’s look at whether winning or losing petitioners or respondents average more amicus support. View Full Post
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Can a Party Get Special Costs Based On Pre-Litigation Conduct?

In Smithies Holdings Inc. v. RCV Holdings Ltd., 2017 BCCA 177, the BC Court of Appeal considered whether special costs can be awarded based on pre-litigation conduct.  The Court reviewed the conflicting jurisprudence and unanimously concluded that a bright line should be drawn: pre-litigation conduct should not be considered in determining whether to award special costs. View Full Post
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What Can We Infer When Justice Kilbride Asks the First Question in Civil Cases?

4865734246_9035b84ae2_zYesterday, we asked whether we can infer anything about Justice Kilbride’s vote and whether he’s writing an opinion, based on the pattern of his questions in oral argument.  Today, we ask a slightly different question – can we infer anything from whether or not Justice Kilbride asks the first question in a civil case? View Full Post
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What Can We Infer from Justice Kilbride’s Question Patterns in Civil Cases?

8525546713_b2db842d2e_z Over the last two weeks, we’ve reviewed Justice Freeman’s question patterns in civil and criminal cases.  This week, we’ll be reviewing Justice Kilbride’s patterns with his questioning in civil cases. Justice Kilbride has heard oral argument in 127 cases where he voted with the majority in an affirmance.  View Full Post
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Water Splash Reveals a Glaring Omission in Wisconsin’s Service-of-Process Rules, Which Ought to Be Fixed

court_sky Today’s unanimous U.S. Supreme Court decision in Water Splash, Inc. v. Menon, 581 U.S. ___, No. 16-254, points out a glaring omission in Wisconsin’s service-of-process rules that ought to be fixed, so that Wisconsin plaintiffs are not unnecessarily put at a disadvantage when suing overseas defendants in state court. View Full Post
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May Miss. Jury Verdict Reporter Preview

Here is a preview of the May 2017 issue of the Miss. Jury Verdict Reporter: $200,000 verdict- Aberdeen federal court excessive force by state trooper case (3/28/17); $265,000 verdict- Aberdeen federal court breach of contract case (4/21/17); $50,000 verdict- Oxford federal court civil rights violation case (4/26/17); $46,895 verdict- Jackson federal court gender discrimination case (2/1/17); $26,366 verdict- DeSoto County car wreck case (4/3/13); $6,250 verdict- Jackson County car wreck case (4/18/17); defense verdict- Rankin County assault/outrage by cop case (3/29/17); and directed verdict- LeFlore Countt medical malpractice case (4/13/17). View Full Post
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