Career Center Powered by GreatInsuranceJobs.com
NU Online News Service, Dec. 16, 10:42 a.m. EST
The American Tort Reform Association released its “Judicial Hellholes List” yesterday, putting South Florida--including Miami-Dade County--at the top of the rankings.
ATRA, which defines hellholes as areas that have reputations for uneven justice, said in addition to South Florida its six worst, in order, included West Virginia; Cook County, Ill.; Atlantic County, N.J. "and beyond;" New Mexico appellate courts; and New York City.
It said Southern Florida trial practices favor plaintiffs, as shown by a string of reversals in a Miami-Dade case against Ford Motor Company.
ATRA said Florida is developing a reputation as the place to bring slip-and-fall lawsuits due to its lower burden of proof compared to other states.
West Virginia’s ranking was called “a place in which civil defendants often cannot receive justice.” It said among other items there is a “home court advantage provided by locally elected judges to in-state plaintiffs against out-of-state corporations.”
Illinois’ Cook County was called a standout for hosting 65 percent of the state’s lawsuits while serving as home to just 41 percent of its population. The area was called “hyper-litigious.”
Atlantic County in New Jersey, ATRA noted, has been identified as a judicial hellhole mainly because it is a center for mass tort actions often targeting the state’s pharmaceutical manufacturers with 93 percent of plaintiffs in New Jersey drug class actions originating outside the state.
New Mexico was on the list for its appellate courts. ATRA noted a decision by the Court of Appeals rejecting the baseball rule, which has long recognized spectators’ inherent risk of being hit by a batted ball.
New York City was noted as a major target of suits for slip-and-falls, medical malpractice, car accident and school-related claims—costing the city more than the next five largest American cities combined.
ATRA’s report also included a Watch List mentioning California; Alabama; Madison County, Ill.; Jefferson County, Miss.; and Gulf Coast and Rio Grande Valley, Texas.
California was mentioned for courts that have expanded liability for citizens and businesses.
Alabama was mentioned for a state attorney general’s attempt to sue the entire pharmaceutical industry.
Madison County, formerly one of ATRA’s top hellholes for class lawsuits before reform action by judges, “remains substantially more litigious than other Illinois counties,” ATLA said.
Jefferson County was mentioned on the watch list for what ATRA saw as a questionable verdict against a lead paint manufacturer.
Texas’ Gulf Coast and Rio Grande Valley, according to ATRA, has improved somewhat but “is still known for being skewed toward plaintiffs,” and tort reform groups there are trying to stop “ambulance chasing” by attorneys.
(Corrected on Dec. 22: The original version posted listed Jefferson County, Mo., on the ATRA Watch List, when in fact is it Jefferson County, Miss.)