Which law schools groomed the oral advocates who appear at the Wisconsin Supreme Court, and where are these law schools most conspicuously represented among the state’s private firms and state agencies?  Since our last post on the topic,^[1] four terms have passed, leaving abundant data to explore in today’s update.[Continue Reading…]

These tables are derived from information contained in 303 Wisconsin Supreme Court decisions that were turned up in a Nexis Uni search for decisions filed between September 1, 1937, and August 31, 1938.  The total of 303 decisions does not include various orders pertaining to petitions, motions, and the like.  In particular, cases are not included if they were decided during the previous term but appeared in the search results because motions for reconsideration were not rejected until 1937-38.  Also excluded are lawyer disciplinary rulings and Bender v. Bain, a deadlocked (3-3) per curiam decision.

When two or more cases were, in effect, consolidated—one was simply said to be ruled by the decision in the other—the cases are counted as only one: (1) Kalb v. Luce and Kalb v. Feuerstein; and (2) Liberty v. Liberty (226 Wis. 136) and Liberty v. Liberty (226 Wis. 141).

In Bechthold v. Wauwatosa the court filed its original decision on February 15, 1938.  After a motion for rehearing was granted, and the case was reargued, the court ruled on June 21, 1938, that its February 15 decision was in error and replaced its previous mandate with a new ruling.  Both decisions are included in our tables.  So, too, with State ex rel. Wisconsin Development Authority v. Dammann (January 11, 1938, and June 21, 1938). 

The tables are available as a complete set and by individual topic in the subsets listed below.

Four-to-Three Decisions
Decisions Arranged by Vote Split
Frequency of Justices in the Majority
Distribution of Opinion Authorship
Frequency of Agreement Between Pairs of Justices

Today we’ll extend the focus on law firms that prevailed during the fantasy league season by providing an update on the most visible firms over the past five years.^[1]  Our gaze covers private firms and non-profit organizations,^[2] seeking those whose attorneys delivered at least four oral arguments in cases decided between September 2018 and August 2023.^[3] [Continue Reading…]

For information on the Wisconsin Supreme Court and the 2023-24 term, take a look at a new blog by Dustin Brown, a legal-writing professor at the University of Wisconsin’s law school.  It’s called SCOWblog and contains, along with posts on the current court, brief summaries of cases scheduled for oral argument in September and October.

These tables are derived from information contained in 337 Wisconsin Supreme Court decisions that were turned up in a Nexis Uni search for decisions filed between September 1, 1938, and August 31, 1939.  The total of 337 decisions does not include various orders pertaining to petitions, motions, and the like.  In particular, cases are not included if they were decided during the previous term but appeared in the search results because motions for reconsideration were not rejected until 1938-39.  Also excluded are lawyer disciplinary rulings.   

When two or more cases were, in effect, consolidated—one was simply said to be ruled by the decision in the other—as happened with State v. Sinclair Refining Co. and Campbell’s Dollar Stores v. Levitan, the cases are counted as only one.

The total of 337 cases includes Ehrlich v. Frank Holton & Company in which, on a motion for rehearing, the court vacated and set aside its previous (June 21, 1938) mandate.

The tables are available as a complete set and by individual topic in the subsets listed below.

Four-to-Three Decisions
Decisions Arranged by Vote Split
Frequency of Justices in the Majority
Distribution of Opinion Authorship
Frequency of Agreement Between Pairs of Justices

This season did not lack surprises.  Last year’s runaway champion, the Waivers, tumbled to third place, while the Writs—45 points off the pace a year ago—held off a late charge from the Gavels of the State Public Defender’s Office to claim the 2022-23 title.

The awards banquet last week honored not only the Writs but also several law firms that contributed at least 20 points to their teams’ performances.  Each team had one such star, though none could match the luster of von Briesen & Roper, which delivered 34 points to the Waivers.  Next came Habush, Habush & Rottier, leading the Writs with 21 points, part of an impressively balanced array of scoring that enabled the Writs to triumph this year.  Axley Brynelson delivered 20 points to the Affirmed but received little help from the remainder of the roster, thus consigning the Affirmed to the bottom of the standings.

The following table provides totals for each team and every individual law firm.

These tables are derived from information contained in 45 Wisconsin Supreme Court decisions filed between September 1, 2022, and the end of the court’s term in the summer of 2023.  The total of 45 decisions omits orders pertaining to various motions, petitions, and disciplinary matters involving lawyers and judges. 

Also excluded are (1) Neil J. Rennick v. Teleflex Medical Incorporated (a 3-3 per curiam decision); (2) Robert L. Slamka v. General Heating and Air Conditioning and State v. Daimon Von Jackson, Jr. (both dismissed as improvidently granted); and (3) Pepsi-Cola Metropolitan Bottling Company, Inc. v. Employers Insurance Company of Wausau (Justice Ziegler did not participate, and Justice Hagedorn withdrew from participation.  No trio of the remaining justices could agree on a ruling.)

When two cases were consolidated and decided with a single decision, they are counted as only one.

The tables are available as a complete set and by individual topic according to the subsets listed below.

Four-to-Three Decisions
Decisions Arranged by Vote Split
Frequency of Justices in the Majority
Distribution of Opinion Authorship
Frequency of Agreement Between Pairs of Justices
Average Time Between Oral Argument and Opinions Authored by Each Justice
Number of Oral Arguments Presented by Individual Firms and Agencies

Today we’ll supplement last week’s post with findings on four additional topics: (1) the length of decisions; (2) the number of concurrences and dissents; (3) the number of days between oral argument and decision filing; and (4) the frequency of fractured decisions.[Continue Reading…]

Now that the court has filed its final substantive decision of the term, the time has arrived for our annual statistical examination of the justices’ activity.  Interesting topics abound, including the surprising number of decisions, the issue of polarization, the role of Justice Hagedorn, and a mounting liberal voice—all of which we’ll consider today, before moving on to other matters in a week or two.[Continue Reading…]

A pair of decisions filed on June 30 rewarded the Gavels of the State Public Defender’s Office (five points for a brief and oral argument in State v. A. G.) and the Waivers (five points from Quarles & Brady for a brief and oral argument in Derrick A. Sanders v. State of Wisconsin Claims Board).

Click here for the complete standings.