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January 28th, 2016

For Now, Federal Judge Keeps Steve Mostyn from Making a Mesh of Regulatory Authority

Medical device maker Boston Scientific Corp. this week successfully blocked — at least for the time being — a proposed class action that alleges it had smuggled cheap counterfeit material to use in its pelvic mesh products . . . → Read More: For Now, Federal Judge Keeps Steve Mostyn from Making a Mesh of Regulatory Authority

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

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

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

September 26th, 2013

Judge Orders Asbestos Fraudsters to Pay Triple Damages in Landmark RICO Case

A federal judge in West Virginia has ordered two Pittsburgh-based personal injury lawyers and a discredited radiologist to pay triple damages, or roughly $1.3 million, in a landmark case that found them liable for concocting fraudulent asbestos lawsuits . . . → Read More: Judge Orders Asbestos Fraudsters to Pay Triple Damages in Landmark RICO Case

April 11th, 2013

ATRA Backs ‘Transparency’ Policies of WV’s New AG

In an op-ed published today by the State Journal in West Virginia, ATRA president Tiger Joyce offered support for the state’s new attorney general, Patrick Morrisey, and his proposed transparency policies aimed at providing the public with more information about the hiring of outside counsel . . . → Read More: ATRA Backs ‘Transparency’ Policies of WV’s New AG

December 21st, 2012

Asbestos Racketeers Suffer Huge Loss, Plaintiffs’ Bar PR Campaign Devastated

With the personal injury bar gearing up a multimillion-dollar public relations and lobbying campaign in 2013 aimed at winning back some of the ground lost to ATRA and other tort reform groups in recent years, a federal jury in West Virginia took just two-and-a-half hours yesterday to return civil verdicts on all counts against two personal injury lawyers and a discredited former physician for conspiring to file fraudulent asbestos claims . . . → Read More: Asbestos Racketeers Suffer Huge Loss, Plaintiffs’ Bar PR Campaign Devastated

November 7th, 2012

WV Voters Finally Cast Out AG McGraw, and Other Good & Bad Election News from Judicial Hellholes

Voters in perennial judicial hellhole West Virginia have finally had enough of long-serving anti-business Attorney General Darrell McGraw. Californians rejected trial lawyer-written, lawsuit-promoting Proposition 37. And Madison County, Illinois voters incredibly retained shamed pay-to-play Judge Barbara Crowder who fomrerly oversaw the small rural county’s crooked and largest-in-the-nation asbestos docket . . . → Read More: WV Voters Finally Cast Out AG McGraw, and Other Good & Bad Election News from Judicial Hellholes

October 18th, 2012

Leading West Virginia Newspaper Endorses Challenger Morrisey for Attorney General

West Virginia’s leading newspaper has endorsed challenger Patrick Morrisey over four-term incumbent Darrell McGraw in that state’s closely watched race for attorney general . . . → Read More: Leading West Virginia Newspaper Endorses Challenger Morrisey for Attorney General

March 15th, 2012

Judicial Hellholes Spurring Costly Trend toward More Giant-Sized Medical Liability Awards

Judicial Hellholes California, Florida, New York and West Virginia were home to some of the most absurdly outsized (and costly to us all) medical liability verdicts since 2010. . . . → Read More: Judicial Hellholes Spurring Costly Trend toward More Giant-Sized Medical Liability Awards

January 25th, 2012

West Virginia Asbestos Shakedowns May Hit New High (or Low)

Eight new asbestos lawsuits filed in Kanawha County each name 190 defendants in what may be an all time high (or low, depending on one’s point of view), even in one of the more scandalous Judicial Hellholes, West Virginia . . . → Read More: West Virginia Asbestos Shakedowns May Hit New High (or Low)

August 30th, 2011

‘Astronomically High’ Nursing Home Verdict Maintains West Virginia’s ‘Hellhole’ Reputation

A Charleston Daily Mail editorial rightly criticizes a $90.5 million verdict in a lawsuit against a nursing home that alleged negligence in the wrongful death of an 87-year-old woman who suffered from dementia . . . → Read More: ‘Astronomically High’ Nursing Home Verdict Maintains West Virginia’s ‘Hellhole’ Reputation

June 23rd, 2011

West Virginia Court Upholds Limit on Pain & Suffering Awards in Medical Liability Lawsuits

West Virginia’s Supreme Court of Appeals yesterday reaffirmed the constitutionality of the state’s reasonable limit on inherently subjective awards for pain and suffering in medical liability lawsuits. . . . → Read More: West Virginia Court Upholds Limit on Pain & Suffering Awards in Medical Liability Lawsuits

December 30th, 2010

Fraud Suit Against Personal Injury Law Firm Reinstated

A federal appellate court today reinstated a lawsuit brought against a Pittsburgh personal injury firm for allegedly engaging in a scheme designed to generate fraudulent asbestos claims. ATRA had filed an amicus (friend of the court) brief, urging the court to take such action. The Fourth Circuit ruling clears the way for the case to move forward. . . . → Read More: Fraud Suit Against Personal Injury Law Firm Reinstated

December 20th, 2010

West Virginia High Court Says No Lawsuits Without Injury

A ruling by the West Virginia Supreme Court of Appeal on Friday shows why the state is no longer named ATRA’s #1 Judicial Hellhole and provides an encouraging sign for further improvement of the state’s civil justice climate. In White v. Wyeth, the state’s highest court recognized the basic principle that an individual who sues under a consumer protection statute must show that he or she actually relied on the allegedly deceptive advertisement or practice to recover damages. . . . → Read More: West Virginia High Court Says No Lawsuits Without Injury