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Category: Points of Light

Tort Reform Momentum Builds in Pennsylvania

As home to the reigning #1 Judicial Hellhole of Philadephia, Pennsylvania is long overdue for substantive tort reforms. Poised to spark a few Points of Light this legislative session, state lawmakers in Harrisburg are being urged by the business community and many in the media to modernize liability law by replacing the current and inherently unfair “joint and several” standard with one of “proportional” liability

Points of Light

LARA’s Theme

ATRA general counsel Victor Schwartz will testify in support of the Lawsuit Abuse Reduction Act (LARA) during a hearing of the House Judiciary Subcommittee on the Constitution Friday morning, March 11.

Points of Light

Judge Rules Exploited ‘Patent Marking’ Law Unconstitutional

Though his ruling will likely be appealed by plaintiffs’ lawyers or their allies at the Department of Justice, U.S. District Judge Dan Aaron Polster in Ohio has ruled unconstitutional the so-called false marking law which has recently been exploited in a new wave of lawsuits that could bankrupt many consumer product manufacturers and kill countless jobs.

Points of Light

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

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

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

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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