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Judicial Hellholes Report Mentioned in Washington Post Feature

In the July 23 “Five Myths” Outlook feature, Professor Jay Feinman’s “Five myths about lawsuits” made a passing reference to the American Tort Reform Foundation’s annual Judicial Hellholes report.  Professor Feinman offered legal analysis that surely would receive a failing grade should it be submitted to him by one of his students. To rebut the argument in ATRF’s Judicial Hellholes report that awards in “premises,” transportation and medical liability cases are rising significantly in Georgia, he cites an unrelated case from another state – Florida. Professor Feinman also would fail a student for criticizing juries when discussing a publication that is focused on judicial activity.

Our report shines a spotlight on courts where judges systematically apply laws and court procedures in an unfair and unbalanced manner. The focus is on issues such as expert evidence, the failure to combat “litigation tourism” through proper enforcement of rules on personal jurisdiction and venue, and a judiciary favorably inclined to expand liability for defendants. Personal injury lawyers are familiar with these plaintiff-friendly jurisdictions and flock to these courts when filing cases.

The total annual cost of the U.S. tort system is approximately $373.1 billion as of 2019. In Florida, for example, excessive tort costs lead to an annual loss of 161,735 jobs and creates a “tort tax” of $718.01 per person. The civil justice system is a significant burden on the country’s economy. It is inefficient, costly and best serves the interests of lawyers – not their clients.

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