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Category: Judicial Hellholes

ATRA Calls Albany’s ‘Bad Faith’ Bill ‘Another Tone-Deaf Gift to Trial Lawyers’

With former Assembly Speaker Sheldon Silver facing federal corruption charges in connection with questionable asbestos litigation, the American Tort Reform Association today urged Albany lawmakers to “promptly kill an insurance litigation bill that would open yet another lucrative line of business for personal injury lawyers at the expense of New York consumers and jobseekers.”

Judicial Hellholes

More Bad News from ‘Big Sky Country’

Continuing a troubling trend toward increasingly excessive punitive damages awards in Big Sky Country, Montana’s Supreme Court has upheld a $5 million punitive damages award in connection with an already absurdly inflated compensatory damages award of $1 million

Judicial Hellholes

NYCAL Judge Heitler’s ‘March Madness’

In denying an asbestos defendant’s motion for summary judgment, notoriously plaintiff-friendly NYCAL Judge Sherry Klein Heitler succumbed to some March madness of her own, calling the motion a “drastic remedy” and relying on testimony from a witness in an unrelated case from Maryland 14 years earlier to do so. Talk about going out of your way to please the plaintiffs’ bar

Judicial Hellholes, Uncategorized

Louisiana’s Corrupting ‘Buddy System’ Seemingly Back in Business, Despite Recent Reform

ATRA’s allies at Louisiana Lawsuit Abuse Watch report that, “Despite fierce criticism from lawmakers and legal reform groups in recent years,” state Attorney General James “Buddy” Caldwell has revived his infamous “Buddy System,” continuing “his questionable practice of hiring outside attorneys to pursue litigation on behalf of the state” and giving much of this potentially lucrative business to “law firms and lawyers that have donated tens of thousands of dollars to his political campaign[s]”

Judicial Hellholes

Southern Illinois Federal Court Shines Brightly in Dismissing Defendants from Non-Illinois Asbestos Exposure Claim

On February 17th and 19th, Judge Staci M. Yandle for the U.S. District Court for the Southern District of Illinois granted seven motions to dismiss for lack of personal jurisdiction for defendants involved in a large multi-defendant asbestos case. In each claim, the plaintiff, a former Navy worker, fell far short of alleging sufficient contacts by the defendants to the state of Illinois to satisfy constitutional due process requirements.

Judicial Hellholes, Points of Light

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

Judicial Hellholes

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.

Judicial Hellholes

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.”

Judicial Hellholes

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.

Judicial Hellholes, Points of Light

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

Judicial Hellholes

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”

Judicial Hellholes

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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