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April 8th, 2014

NYC Asbestos Ruling Favors Personal Injury Lawyers over Those Who’ll Become Sick in Future

At the behest of powerful personal injury law firm Weitz & Luxenberg, New York Supreme Court Justice Sherry Klein Heitler Tuesday reintroduced punitive damages to New York City’s asbestos litigation (NYCAL) with an order that will enrich those lawyers at the expense of the many who will develop asbestos-related illnesses in the future . . . → Read More: NYC Asbestos Ruling Favors Personal Injury Lawyers over Those Who’ll Become Sick in Future

April 4th, 2014

Rock-Climbing Plaintiff, Lawyer Asking To Be ‘Stoned’ By ‘Sue’ York City Taxpayers

A shamelessly foolish rock-climber and his disgraceful attorney are suing New York City taxpayers for the city’s failure to post a “No Climbing” sign near a rock sculpture and thus simultaneously tempting those who’ll foot the bill to stone them . . . → Read More: Rock-Climbing Plaintiff, Lawyer Asking To Be ‘Stoned’ By ‘Sue’ York City Taxpayers

March 24th, 2014

Five Florida Justices: ‘We Don’t Need No Stinkin’ Legislatures’

By striking down a 2003 statutory limit on awards for pain and suffering in lawsuits against health care providers, a five justices of the Florida Supreme Court earlier this month arrogantly and dangersouly disregarded the will of more than 2.5 million Florida voters. . . . → Read More: Five Florida Justices: ‘We Don’t Need No Stinkin’ Legislatures’

March 18th, 2014

Survey Says 7 in 10 Louisiana Voters Support Lawsuit Reform Legislation

As national news coverage of BP’s effort to do the right thing by promptly compensating those hurt by the 2010 Gulf oil spill continues to expose the incestuous and shameless nature of the civil justice system in the nation’s #2 Judicial Hellhole, 7 in 10 recently surveyed Louisiana voters express support for tort reform legislation . . . → Read More: Survey Says 7 in 10 Louisiana Voters Support Lawsuit Reform Legislation

February 27th, 2014

A Little Good News: 11 Louisiana Parish Lawsuits Dismissed

The Times-Picayune reports reports that the 5th Circuit U.S. Court of Appeals upheld a lower court’s dismissal of lawsuits filed by 11 Louisiana parishes based on state law, ruling that the claims against BP were preempted by federal law . . . → Read More: A Little Good News: 11 Louisiana Parish Lawsuits Dismissed

February 19th, 2014

ATRA Renews Criticism of New Hampshire’s ‘No-Injury’ Lawsuit against Energy Company

ATRA spokesman Darren McKinney appeared on WKBK-Radio’s Dan Mitchell Show this week to renew his organization’s criticism of New Hampshire’s “meritless, no-injury” lawsuit against ExxonMobil for alleged groundwater contamination from leaky gas station storage tanks . . . → Read More: ATRA Renews Criticism of New Hampshire’s ‘No-Injury’ Lawsuit against Energy Company

January 31st, 2014

Another State AG’s Pay-to-Play Racket Takes a Hit

A Nevada judge this week ordered state Attorney General Catherine Cortez Masto to pay the legal and discovery costs of a mortgage processing provider she and a private-sector class-action law firm from Washington, D.C., had unsuccessfully sued for fraud . . . → Read More: Another State AG’s Pay-to-Play Racket Takes a Hit

January 31st, 2014

California Appellate Court Erodes ‘Preemption’ Defense for Medical Device Makers

On January 27, 2014, the California Second Appellate District Court held that a negligence claim against a medical-device manufacturer that was based on state law duties that paralleled requirements under federal law was not preempted. . . . → Read More: California Appellate Court Erodes ‘Preemption’ Defense for Medical Device Makers

January 30th, 2014

Louisiana’s ‘Buddy Sytem’ Suffers a Loss: State High Court Overturns $331M Judgment

Louisiana’s Supreme Court this week landed a solid blow against the state’s notorious “Buddy System,” wherein state Attorney General James “Buddy” Caldwell hires his friends among the personal injury bar to sue deep-pocket corporate defendants on behalf of the state so they can collect big fees and, in turn, generously contribute to his next political campaign. . . . → Read More: Louisiana’s ‘Buddy Sytem’ Suffers a Loss: State High Court Overturns $331M Judgment

January 29th, 2014

PA High Court Embraces ‘Negligent Design Deffect,’ Invites New Run on Reforming Philly Courts

Perhaps inviting a new stampede of speculative and opportunistic litgation on the courts of the former #1 Judicial Hellhole, Philadelphia, the Pennsylvania Supreme Court last week ruled in Lance v. Wyeth that pharmaceutical companies can now be held liable for “negligent design defect” — a theory of liability not previously available to plaintiffs in the Keystone State . . . → Read More: PA High Court Embraces ‘Negligent Design Deffect,’ Invites New Run on Reforming Philly Courts

January 15th, 2014

SCOTUS Invites New Wave of ‘Pay-to-Play’ Lawsuits

A unanimous U.S. Supreme Court yesterday overturned an appellate court decision that had been heralded as a needed check on so-called “pay-to-play” litigation . . . → Read More: SCOTUS Invites New Wave of ‘Pay-to-Play’ Lawsuits

December 18th, 2013

BP Keeps up Fight against Personal Injury Lawyers’ Fraudulent Claims in #2 Ranked ‘Judicial Hellhole’

BP has filed a lawsuit against San Antonio-based tort kingpin Mikal Watts, accusing him of fraudulently ginning up more than 40,000 “phantom” claims on one of the compensation funds BP established to mitigate damages from the 2010 Gulf oil spill . . . → Read More: BP Keeps up Fight against Personal Injury Lawyers’ Fraudulent Claims in #2 Ranked ‘Judicial Hellhole’

December 18th, 2013

New York’s High Court Properly Rejects Longtime Smokers’ Claims for ‘Medical Monitoring’

Not all news coming out of Judicial Hellholes is bad news, and a decision by the New York Court of Appeals, the state’s highest court, rejecting an equitable medical monitoring claim is very good news . . . → Read More: New York’s High Court Properly Rejects Longtime Smokers’ Claims for ‘Medical Monitoring’

December 17th, 2013

California Ranks #1 in 2013/2014 ‘Judicial Hellholes’ Report

The American Tort Reform Foundation issued its annual Judicial Hellholes® report today, naming civil courts in California, Louisiana, New York City, West Virginia, Southwestern Illinois’ Madison and St. Clair counties, and South Florida among the nation’s “most unfair” . . . → Read More: California Ranks #1 in 2013/2014 ‘Judicial Hellholes’ Report

December 13th, 2013

Latest ‘Judicial Hellholes’ Report To Be Released Tuesday, Dec. 17

Watch this space Tuesday, December 17, for the latest addition of the American Tort Reform Foundation’s annual Judicial Hellholes report . . . → Read More: Latest ‘Judicial Hellholes’ Report To Be Released Tuesday, Dec. 17

November 27th, 2013

Video Proves Fraud in Banana Peel Slip-and-Fall Claim against Metro

Justice was served this week in a case involving the D.C. Metro Transit Agency and a Metro rider who had fraudulently sued the agency in a slip and fall case for $15,000 — in part to cover $4,500 in alleged chiropractor bills. But his con was caught on videotape, and he now faces criminal charges . . . → Read More: Video Proves Fraud in Banana Peel Slip-and-Fall Claim against Metro

July 10th, 2013

NY Speaker Blocks Tort Reforms in Albany while on Payroll of Big Apple Plaintiffs’ Firm

New York State Assembly Speaker Sheldon Silver’s 2012 income report includes some $350,000-$450,000 from Weitz & Luxenberg, a giant personal injury law firm based in New York City . . . → Read More: NY Speaker Blocks Tort Reforms in Albany while on Payroll of Big Apple Plaintiffs’ Firm

July 10th, 2013

California’s Dangerous Litigation Leads to Multi-Billion Dollar Tort Tax

More bad news this week for residents of California, America’s reigning #1 Judicial Hellhole, in the form of another troubling account of the impact that the state’s runaway litigation has on citizens’ wallets and pocketbooks . . . → Read More: California’s Dangerous Litigation Leads to Multi-Billion Dollar Tort Tax

July 3rd, 2013

High Fructose Corn Syrup: Far Less Hazardous than the Lawsuit against Its Makers

Tom Stebbins, Executive Director of the Lawsuit Reform Alliance of New York (LRANY) sat down for an interview with Time Warner Cable’s YNN to discuss the latest development in the “long history of food-related lawsuits”. Stebbins referenced a currently pending $5 million suit filed in Buffalo seeking to hold manufacturers of high fructose corn syrup responsible for the weight-related diabetes of a 14-year-old girl.

Stebbins argues that this lawsuit, along with many similar claims past and pending, are unfounded. The full clip is available below.

 

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June 28th, 2013

Colorado High Court to Trial Courts: Discovery Must Be Reasonably Limited

Winning an automatic Points of Light citation in the upcoming edition of ATRA’s annual Judicial Hellholes report (due out in December), a Colorado Supreme Court decision this week instructs trial courts to enforce reasonable limits on the discovery process.

Discovery is often abused by plaintiffs’ lawyers who demand millions of seemingly unrelated documents from a defendant in hopes of driving litigation costs high enough to force a settlement or otherwise providing grounds for additional lawsuits.  Such a fishing expedition is what a trial judge had allowed in the case of DCP Midstream LLP v. Anadarko Petroleum Corporation.

But the defendant appealed to Colorado’s high court, which unanimously remanded the . . . → Read More: Colorado High Court to Trial Courts: Discovery Must Be Reasonably Limited