1 New York City Asbestos Litigation (NYCAL)
2 California
3 West Virginia Supreme Court
4 Florida Supreme Court
5 Madison County, Illinois
6 Missouri Supreme Court
7 Louisiana

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January 22nd, 2015

ATRA Calls Corruption Arrest of NY Speaker Sheldon Silver a ‘Turning Point’

A spokesman for the American Tort Reform Association today called this morning’s arrest and filing of federal corruption charges against New York State Assembly Speaker Sheldon Silver a “turning point” in the effort to combat abuses in the nation’s #1 judicial hellhole . . . → Read More: ATRA Calls Corruption Arrest of NY Speaker Sheldon Silver a ‘Turning Point’

January 14th, 2015

Citing Latest Bombshell Allegations of Trial-Lawyer Fraud, ATRA Urges Congress, DOJ to Investigate

In light of a stunning defense motion filed today in a West Virginia federal court, alleging massive fraud on the part of plaintiffs’ lawyers in their aggressive recruitment of clients for pelvic mesh litigation, the American Tort Reform Association (ATRA) renewed its call on Congress, prosecutors and bar associations to investigate and prosecute those who defraud the civil justice system . . . → Read More: Citing Latest Bombshell Allegations of Trial-Lawyer Fraud, ATRA Urges Congress, DOJ to Investigate

January 13th, 2015

A Rare ‘Point of Light’ in ‘Show Me Your Lawsuits State’

Judicial Hellholes reporters have long kept an eye on St. Louis, Missouri, one of the most plaintiff-friendly jurisdictions in the nation. So in the rare instance that a judge there is willing to take even a small stand against the reflexive expansion of civil liability, it’s worthy of kudos . . . → Read More: A Rare ‘Point of Light’ in ‘Show Me Your Lawsuits State’

January 12th, 2015

MadCo: Where 1,200 Out-of-State Lawsuits is a Dip

Madison County hosted 1,300 new asbestos lawsuit filings in 2014. Madison County’s docket has doubled in the last four years and tripled in the last seven. Nine of ten plaintiffs who file in Madison County don’t live in Illinois. And less than 1% live in Madison County. . . . → Read More: MadCo: Where 1,200 Out-of-State Lawsuits is a Dip

January 4th, 2015

Exposed But No Injury? Sue Now, Nevada.

In a New Year’s eve gift, the Nevada Supreme Court ruled that plaintiffs’ lawyers can bring lawsuits seeking medical monitoring costs on behalf of people who aren’t injured. The ruling, which is contrary to the trend in state courts, will allow individuals who may never develop an illness to bring massive class actions. Unlike courts that have allowed medical monitoring claims, but placed stringent requirements on plaintiffs to avoid speculative claims, the Nevada Supreme Court “decline[d] to identify specific factors that a plaintiff must demonstrate to establish entitlement to medical monitoring as a remedy.” . . . → Read More: Exposed But No Injury? Sue Now, Nevada.

December 16th, 2014

New York City’s Asbestos Court is #1 ‘Judicial Hellhole’

The American Tort Reform Foundation issued its annual Judicial Hellholes® report today, naming courts in New York City, California, West Virginia, Florida, Illinois, Missouri and Louisiana among the nation’s “most unfair” in their handling of civil litigation. . . . → Read More: New York City’s Asbestos Court is #1 ‘Judicial Hellhole’

December 14th, 2014

Latest ‘Judicial Hellholes’ Report Coming Tuesday, Dec. 16

With recently unsealed documents from the Garlock bankruptcy poised to reveal still further manipulation of evidence and even outright fraud by the asbestos litigation industry, the 2014-2015 Judicial Hellholes report shines its white hot spotlight on a number of jurisdictions with active asbestos dockets — including an all-new #1 ranked Judicial Hellhole — as well as a variety of other jurisdictions where the scales of civil justice are out of balance . . . → Read More: Latest ‘Judicial Hellholes’ Report Coming Tuesday, Dec. 16

November 6th, 2014

Asbestos Fraudsters Will Pay $7.3 Million to Settle CSX Transportation’s RICO Case against Them

ATRA Cites Settlement, Coming Garlock Revelations in Urging New Congress, State Legislatures to Pass Asbestos Claims Transparency Laws . . . → Read More: Asbestos Fraudsters Will Pay $7.3 Million to Settle CSX Transportation’s RICO Case against Them

October 31st, 2014

Ohio Jury Delivers a Thriller of a Verdict in Bogus Washing Machine Mold Class Action

On Thursday, October 30th, an Ohio jury delivered a “trick” of their own to frighteningly mischievous class action plaintiffs lawyers who have been running around scaring up unfounded complaints against the washing machine manufacturer, Whirlpool Corp. After a three week trial, the jury found in favor of Whirlpool – that the company’s front loading washing machines did not suffer from a design flaw, leading to mold accumulation. . . . → Read More: Ohio Jury Delivers a Thriller of a Verdict in Bogus Washing Machine Mold Class Action

September 18th, 2014

Washington State’s High Court Upholds Traditional Interpretation of Worker’s Comp Law

With a 5-4 decision today, the Washington Supreme Court narrowly but laudably preserved the integrity of the workers’ compensation system by resisting an asbestos plaintiff’s attempt to alter longstanding interpretation of relevant state law . . . → Read More: Washington State’s High Court Upholds Traditional Interpretation of Worker’s Comp Law

September 17th, 2014

Three Cheers for NYC Judge Who Dismissed Bogus Heating Oil Lawsuit — for the Second Time

In a rare “Point of Light” in New York, Manhattan Supreme Court Justice Shirley Kornreich has dismissed a commercial class action flimsily based on a claim of “theoretical defect” in heating oil . . . → Read More: Three Cheers for NYC Judge Who Dismissed Bogus Heating Oil Lawsuit — for the Second Time

September 10th, 2014

Latest ‘Show Me the Lawsuits’ Decision by Missouri High Court Ignores SCOTUS on Punitive Damages

In the latest of several troubling decisions by the Missouri Supreme Court in recent years, it yesterday ignored both the will of “Show Me State” voters, as expressed through their elected representatives, and U.S. Supreme Court precedent on punitive damages . . . → Read More: Latest ‘Show Me the Lawsuits’ Decision by Missouri High Court Ignores SCOTUS on Punitive Damages

September 4th, 2014

ATRA Brief Urges SCOTUS to Hear BP’s Appeal of Class Action Issues Stemming from 2010 Gulf Oil Spill

The American Tort Reform Association today filed an amicus brief with the Supreme Court of the United States (SCOTUS), urging the high court to hear BP’s appeal of critical class action issues stemming from the 2010 Deepwater Horizon oil spill . . . → Read More: ATRA Brief Urges SCOTUS to Hear BP’s Appeal of Class Action Issues Stemming from 2010 Gulf Oil Spill

September 3rd, 2014

BP Motion Seeks Removal of Administrator Juneau

Alleging that the attorney appointed to administer compensation claims for the 2010 Gulf oil spill has conflicts of interests, allowed corruption of the claims process, and has otherwise mismanaged the multibillion-dollar compensation fund it established, energy giant BP yesterday filed a motion in federal court seeking his removal . . . → Read More: BP Motion Seeks Removal of Administrator Juneau

August 18th, 2014

ATRA Disappointed Again by Alabama High Court’s Unprecedented ‘Innovator Liability’ Decision

As the Supreme Court of Alabama on Friday reaffirmed its earlier, first-and-only-in-the-nation state high court embrace of an expansive theory of civil liability known as “innovator liability,” the American Tort Reform Association (ATRA) condemned the 6-3 decision, saying “the court majority denies the broader and dangerous implications of this decision, but it’s as disappointing as the first” . . . → Read More: ATRA Disappointed Again by Alabama High Court’s Unprecedented ‘Innovator Liability’ Decision

July 21st, 2014

Florida Jury Delivers Plainly Unconstitutional Punitive Damages Award in Cigarette Case

With emotional incitement of juries, the personal injury bar continues to draw furiously on the dwindling butt of tobacco litigation in Florida, where a preposterous and plainly unconstitutional punitive damages award of $23.6 billion — that’s billion with a “b” –was rendered July 18 . . . → Read More: Florida Jury Delivers Plainly Unconstitutional Punitive Damages Award in Cigarette Case

July 2nd, 2014

Minnesota Supreme Court Checks Expansion of Consumer Fraud Liability

Minnesota’s Supreme Court has laudably resisted the temptation — succumbed to by many other high courts — to expand liability under the state’s consumer protection statute with an appropriately straightforward interpretation of the law . . . → Read More: Minnesota Supreme Court Checks Expansion of Consumer Fraud Liability

June 24th, 2014

California Supreme Court Properly Refuses to Expand Liability of Commercial Property Owners

The California Supreme Court has appropriately held that a business does not owe a duty to its customers to obtain and make available an automated external defibrillator (AED) for use in a medical emergency . . . → Read More: California Supreme Court Properly Refuses to Expand Liability of Commercial Property Owners

June 23rd, 2014

West Virginia’s Clownish High Court Allows Phantom Damages

The West Virginia Supreme Court of Appeals, arguably the most arbitrary and capricious — to say nothing of ridiculous — state high court in the nation has done it again… . . . → Read More: West Virginia’s Clownish High Court Allows Phantom Damages

June 9th, 2014

7th Circuit Serves Harsh Ethics Lesson on Chicago Shyster, Father-in-Law

The U.S. Court of Appeals for the Seventh Circuit tossed out a “scandalous” settlement stemming from a Pella window consumer protection class action suit that would have paid the plaintiffs’ attorneys $11 million up front, with $2 million going to the ethically-challenged lead counsel. It’s just one more example of how state Consumer Protection Acts are abused . . . → Read More: 7th Circuit Serves Harsh Ethics Lesson on Chicago Shyster, Father-in-Law