It’s precisely the type of lawsuit that gave California a reputation for consumer lawsuit abuse. Lawyers sued the lock manufacturer, Kwikset for deceptive advertising because products, labeled as “Made in the U.S.A.,” included components, such as screws, produced overseas. In a dissent Justice Ming W. Chin, joined by Justice Carol A. Corrigan, recognized that “[t]his cannot be what the electorate intended” in voting for a measure intended to reduce frivolous lawsuits.Judicial Hellholes
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
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