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Appellate Practice

Nov. 4, 2016

California Supreme Court Review and Insurance Companies v. Dave Jones

Kirk Jenkins (Sedgwick LLP) discusses his firm's new blog quantitatively analyzing 16 years of state appellate rulings; Luke Wake (NFIB Small Bus. Legal Center) addresses the limits of administrative power, after CASC arguments in Assn. of CA Ins. Companies v. Dave Jones


Today's show regards oral arguments in one pending California Supreme Court matter, and an appellate blog that synthesizes the state high court's rulings in over 1,600 cases.

First, Luke Wake, a staff attorney with the National Federation of Independent Business Small Business Legal Center, joins the program to discuss oral arguments heard this week in a case challenging the regulatory power of the state's Insurance Commissioner. There, as many California homeowners found themselves underinsured after wildfires razed their residences, the commissioner promulgated a regulation meant to compel insurers to provide home-replacement estimates that are as accurate as possible. But, said an association of insurance company plaintiffs, the regulation and its prescriptions overstep the commissioner's statutory authority. A trial and appellate court agreed. Mr. Wake, who filed an amicus brief in support of the original plaintiffs, will describe the case's competing policy considerations and potential outcome.

Then, Kirk Jenkins, of Sedgwick LLP, will visit to discuss his work on the California Supreme Court Review, a new Sedgwick blog synthesizing data from a vast store of California Supreme Court rulings. The blog, begun earlier this year, looks at items of information from 16 years of high court opinions in order to parse trends, and potentially to predict outcomes. The blog has, thus far, analyzed things such as geographic and area of law origins for Cal. Supreme Court petition grants, and affirmance and reversal rates for several of the state's appellate districts. Mr. Jenkins will discuss why quantitative analysis is useful for appellate attorneys and what is in store for his firm's new site.

Don't forget CLE credit is available for listeners. Find a link below to a short true/false test and receive one hour of CLE participatory credit.

Have an idea for the show? Some comments or critiques? Want to be a guest? Contact host Brian Cardile at <!-- Weekly Appellate Report Podcast -->


Brian Cardile

Rulings Editor, Podcast Host, 9th U.S. Circuit Court of Appeals reporter

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