A new survey of the lawsuit climate in the 50 states — based on a dozen factors assessed by top attorneys representing major employers — ranks Delaware as the best and West Virginia the worst. Both states have long been at or near the top and bottom of the annual ranking, which is conducted by the nonpartisan market research firm Harris Interactive for the U.S. Chamber of Commerce’s Institute for Legal Reform.
The survey uses a random sample of 957 corporate counsels and senior litigators, asking each to rate up to five states in which they are very or somewhat familiar with the legal systems. A high ranking indicates a state’s legal system is reasonable and equitable toward businesses and entrepreneurs, while a low ranking means the opposite.
Of more immediate interest in this corner is the fact Virginia ranks as the sixth best state in the nation, while Maryland is in the bottom half at No. 30. The District of Columbia was not included in the rankings.
Virginia’s high ranking represents a comeback of sorts, because the state stood 12th last year. The state got particularly high marks this year, including the timeliness of reaching summary judgment or dismissal of a case, the quality and impartiality of judges, the predictability of juries, and rigorous requirements for where a case is heard. In short, Virginia offers smart judges who generally rule fairly, juries who stick to the law, efficiency in processing, and the assurance that cases will be heard where they should be.
By contrast, Maryland has fallen from 20th in the nation to 30th in only two years. Lawsuit climate surveyors were especially critical of Maryland’s discovery process, which they said excessively favors plaintiffs, as well as the ease with which cases can be moved by plaintiffs attorneys to more favorable venues. Maryland juries are alsofar more likely than those in Virginia to go off on legal tangents, and the state’s courts are notably biased in favor of plaintiffs in class-action litigation, according to the surveyors.
Do the rankings make any difference? Two-thirds of the respondents said the litigation environment in a state could influence important business decisions. Only 41 percent of those surveyed rated the reasonableness and balance of the state courts overall as “excellent” or “pretty good,” compared with 55 percent who called the courts “only fair” or “poor.”
