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Litigious Dennis a Menace to Jobs, the Economy

Ohio Congressman Dennis Kucinich has filed a $150,000 lawsuit against the cafeteria in the U.S. House of Representatives, claiming an unpitted olive in a sandwich wrap caused “serious and permanent dental and oral injuries,” even though C-SPAN video shows him five days later looking and talking normal

Judicial Hellholes

No Injury? No Lawsuit, Says DC Court of Appeals

The District of Columbia’s highest court has rejected two claims that threatened to make the nation’s capital a magnet for consumer lawsuit abuse. The alternative, the Court recognized, “would open our courts to any person from anywhere who decides to lodge a complaint labeled as a ‘representative action’ . . . even though that person has suffered no injury-in-fact related to a District of Columbia merchant’s unlawful trade practice”

Points of Light

Terrible Verdicts Can Have Terrible Consequences

With “Drug Shortages: A Deadly Problem with No End in Sight,“ online news source Daily Finance reports that Teva, the drug maker unjustly targeted by a half-billion dollar Judicial Hellholes verdict last summer in Clark County, Nevada, has ceased production of its safe and effective sedative propofol

Judicial Hellholes

At Least Some California Judges Get It

Judicial Hellholes® reporters stand by the decision to include California at #2 in their recent rankings of the least fair civil court jurisdictions in the nation. But they admit to missing a laudable appeals court decision there last fall when researching the latest Judicial Hellholes report and now wish to give credit where credit is due

Points of Light

Rendell Decries ‘Wimps’ While Embracing Lawsuits

If you were too busy shoveling out from the Mid-Atlantic’s big post-Christmas blizzard, you may have missed Pennsylvania Governor Ed Rendell’s outburst, calling the NFL “wimps” when the decision was made to postpone a Philadelphia Eagles game due to the storm. “We’re becoming a nation of wussies,” Rendell blustered. But had the NFL and Eagles decided to go ahead with the game, where would the governor have stood on the lawsuits that almost certainly would have resulted?

Judicial Hellholes

ADA Litigation Kills Another California Small Business

The Sacramento Bee reports the latest small business closure resulting from yet another abusive disability access lawsuit. The San Francisco small bookstore owner who was forced out of business said of the wheelchair-bound professional plaintiff, he ” is picking off small business owners like grapes on a vine.”

Judicial Hellholes

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.

Uncategorized

Court Dismisses Lawsuit by Gunslinger Against Bar Owner

A federal judge has thrown out a lawsuit by a man who got into a shootout at a bar, then sued the bar owner for his medical expenses, mental anxiety, inconvience, and pain and suffering. Although his federal case is dismissed, he could refile in a Pennsylvania state court. It wouldn’t be the first time that a bar patron succeeded in such a lawsuit in Pennsylvania state courts.

Points of Light

New York Keeps Lawsuits Off Golf Course

New York’s highest court today affirmed dismissal of a case brought by one golf buddy against another that was cited as an example of the litigiousness for which New York City gained a mention on this year’s “Watch List.”

Points of Light

Food Police Strike in California

A Washington-based interest group bent on limiting food choices has chosen California as the place to bring its latest lawsuit, which attacks McDonald’s for “the most powerful, unfair, and deceptive practices – tempting kids with toys to get them to nag their parents to buy Happy Meals.”

Judicial Hellholes

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.

Points of Light

2019 Judicial Hellhole Report

Every year we shine a light on the worst of the worst. Since its inception in 2002, the American Tort Reform Foundation’s Judicial Hellholes® program has documented in annually published reports various abuses within the civil justice system, focusing primarily on jurisdictions where courts have been radically out of balance.

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