A Judicial Hellhole is defined by the American Tort Reform Association as a state or locality where judges tend to interpret the law and judicial processes with a pronounced bias in favor of liability suits and plaintiffs. Not surprisingly then, liability lawyers seek opportunities to file suits in such localities.
Here is how ATRA describes the current top three Judicial Hellholes in its annual compilation. An updated ranking will be released in late December.
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1. West Virginia
West Virginia courts have “served as the home field for plaintiffs’ attorneys determined to bring corporations to their knees.” The state has a history ofalliances and close personal connections among personal injury lawyers, the state’s attorney general, and local judges. Personal injury lawyers prefer West Virginia courts because they can pick-and-choose where they file claims. Also, a state legal rule allows a claimant to collect cash simply by showing that he was exposed to a potentially dangerous substance, even if he has no sign of injury.
2. South Florida
South Florida has a reputation for high awards, improper evidentiary rulings, class actions, asbestos cases, and medical malpractice payouts. This year, the state’s highest court threw out a $145 billion award against the tobacco industry, that included the largest punitive damage award in American history.
3. Rio Grande Valley and Gulf Coast, Texas
Rio Grande Valley and Gulf Coast, Texas, have a reputation as a “plaintiff paradise.” It is an area where extremely weak evidence can net multimillion dollar awards; jurors have relationships with the litigants in their cases; car accident lawsuits are decided without jurors knowing all the facts, including that the plaintiff was not wearing a seatbelt; and huge awards in asbestos cases are overturned due to junk science.
“Lawyers Gone Wild” is a series of special reports by The Examiner looking at the cost and consequences of class action lawsuit abuse in the United States. Read the latest articles in the series.
