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State: Illinois
Subject Matter: Latest Report Names Philadelphia as the Worst of the ‘Judicial Hellholes®’ While Courts in California West Virginia Florida Illinois New York and Nevada Also Make the List
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State and local economies continue to struggle with slow growth and high
unemployment and, not coincidentally, some of those struggling the most also
suffer a high degree of lawsuit abuse, thanks to unfair judges, court rules and
underlying liability laws. The 2011/2012 edition of ATRA’s Judicial Hellholes
report details and documents the latest problems in an effort to provide judges
and lawmakers a roadmap to reform. Read ATRA’s news release
summarizing the report, or read the full
(2.7MB PDF). For convenient reference, the report’s executive
summary follows below:

The 2011-2012 report shines the spotlight on eight areas of the country that
have developed reputations as Judicial Hellholes:

1 |
Philadelphia hosts a disproportionate share of
Pennsylvania’s lawsuits and, as demonstrated by this report, forum shopping for
plaintiff-friendly courts within the state is primarily a “Philly phenomenon.”
Of greatest concern is the Complex Litigation Center (CLC) in Philadelphia,
where judges have actively sought to attract personal injury lawyers from across
the state and the country. Plaintiff-friendly law, expedited procedures, a
reputation for a high plaintiff-win rate and generous awards contribute to
Philadelphia’s status as a venue of choice. Success in addressing the flow of
medical liability cases to Philadelphia and the legislature’s recent limiting of
a defendant’s liability to its share of fault provide some hope for the

2 |
While Los Angeles historically earned a reputation as
the most plaintiff-friendly jurisdiction in the Golden State, small
business-destroying lawsuits filed by professional plaintiffs have spread
throughout California. These individuals have filed thousands of extortionate
claims against popular family-owned restaurants, book stores and salons,
demanding thousands of dollars to settle allegations of technical violations of
disabled access standards, and California’s courts have enabled the extortion.
Recent court decisions demonstrate that California remains friendly to consumer
lawsuits (even after voters attempted to rein in abuse), class actions, and high
awards. The California Supreme Court deserves praise for its recent rejection of
“phantom damages,” but the adverse effect of its late 2010 decision allowing
local government officials to hire private contingency-fee lawyers to enforce
state law is now becoming evident.

3 | West
West Virginia’s high court reached well-reasoned
decisions this year when interpreting its consumer protection law and upholding
the limit on subjective pain and suffering damages in lawsuits against
healthcare providers. Such rulings, while helpful, do not address core problems
in West Virginia’s civil justice system, such as its lack of full appellate
review, liability rules that are out of the mainstream, and excessive awards.
West Virginia continues to be a haven for weak lawsuits by plaintiffs from other
states. The state’s attorney general remains under fire for running his office
as if it were a private personal injury law firm and distributing litigation
settlements to programs and organizations of his choosing, rather than the state
and its taxpayers.

4 | South
South Florida, known for its aggressive personal injury
bar, is the national epicenter of excessive and fraudulent automobile insurance
litigation and tobacco lawsuits. The state’s insufficiently rigorous standard
for admission of expert testimony contributes to its reputation as a Judicial
Hellhole. While the state legislature has made steady progress in reasonably
limiting liability in certain areas, the Florida Supreme Court’s record of
striking down such legislative efforts leaves observers cautiously optimistic at

| Madison and St. Clair Counties, Illinois
These two counties in
the Metro East have come a long way since hitting rock bottom, but there are
concerns of a relapse. For instance, this year the Illinois Supreme Court
reversed a Madison County ruling that, after a one-sided trial that favored the
plaintiff, would have imposed new liability on manufacturers. Mid-level
appellate courts threw out two class actions certified by Madison County judges.
And a tobacco lawsuit that had resulted in a $10.1 billion verdict may be back
on the Madison County docket. Similarly, after significantly culling its
asbestos docket in recent years, Madison County is again the national epicenter
for such lawsuits. Only about 1 in 10 asbestos claims have any connection to the
area. Neighboring St. Clair County has also emerged as a magnet for mesothelioma
claims and hosts lawsuits against pharmaceutical companies from around the

6 | New York
City and Albany, New York
The mayor of the Big Apple and its chief
legal officer plead for reforms that would reduce the massive liability payouts
that cost taxpayers over $500 million annually, but state legislators in Albany
remain wedded to the plaintiffs’ bar. The same expansive liability that burdens
the city also takes its toll on New York’s businesses, such as the photography
studio being sued by a groom who was not satisfied with his wedding album and
sought to re-create the wedding after a divorce, or the White Castle patron who
brought a federal case against the restaurant when, at 290 pounds, he could no
longer comfortably fit into its booths. Offering a minor dose of sanity, New
York’s highest court upheld dismissal of a lawsuit, featured in the 2010-2011
report, wherein one golf pal sued another after being struck by a bad shot.

7 | Clark County,
Since Clark County’s May 2010 verdict that pinned a
half-billion dollars in liability for an endoscopy clinic’s unsanitary, illegal
practices on a drug maker, the hits just keep on coming. Even as separate state
and federal criminal prosecutions proceed against the clinic’s owner, Clark
County juries returned two more multimillion-dollar awards against the company
under the theory that it should have offered a widely-used anesthetic solely in
smaller vials to limit the potential for reuse, despite a clear warning on the
label against use for multiple patients. Some Clark County judges have kept
jurors from learning the full scope of the clinic’s role in the resulting
Hepatitis outbreak when considering the drug maker’s responsibility.

8 | McLean
County, Illinois
After a year of observation on the “Watch List,”
McLean County advances to a Judicial Hellhole due to its unique practice of
allowing lawsuits that seek compensation for asbestos-related injuries, even
when the plaintiff did not come in contact with the named defendant’s products.
These “civil conspiracy” lawsuits target deep-pocket companies with allegations
that they had some role in concealing the dangers of asbestos from the public
decades ago. One such McLean case recently resulted in a stunning $90 million


Beyond the Judicial Hellholes, this report calls attention to several
additional jurisdictions that also bear watching due to troubling developments
or their histories of abusive litigation. Watch List
jurisdictions fall on the cusp – they may drop into the Hellholes abyss or rise
to the promise of Equal Justice Under Law.

The Eastern
District of Texas
is known for its growing, costly patent
litigation. It is rare for this report, which traditionally focuses on state
courts, to include a federal district court.

County, Illinois
falls from the Judicial Hellholes list due to a
relatively quiet year with respect to the types of unsound rulings and
extraordinary verdicts that have cemented its Hellholes reputation in the

New Jersey
joins the Watch List this year, thanks in part to local
employers’ fears of lawsuits there.

County, New Jersey
, a magnet for massive lawsuits against the very
drug makers that form the state’s economic backbone, drops from a full Judicial
Hellhole to the Watch List, given a number of defense verdicts suggesting that
defendants’ previously miniscule chances of winning may have improved

County, Alabama’s
$61 million verdict in favor of a local
manufacturer against an out-of-state software company is reason to closely watch
this rural jurisdiction.

County, Mississippi
awarded the largest single-plaintiff asbestos
verdict in U.S. history, a $322 million award that the defendant has challenged
on the basis that the presiding judge did not disclose that his parents had
previously settled asbestos claims with one of the defendant companies, and his
father had a pending claim in a nearby court.

has developed a cottage industry of lawsuits against energy companies, replete
with unsubstantiated claims of environmental contamination. Over 250 of these
lawsuits have impacted about 1,500 companies with many choosing to settle rather
than risk unpredictable and financially devastating jury verdicts in local


The report awards Dishonorable Mentions to the Mississippi Supreme Court for an unsound ruling that abandons a
core principle of product liability law, and to the Arkansas Supreme
for striking down the state’s perfectly reasonable statutory
limit on punitive damages enacted in 2003. An appellate court and the
Missouri Supreme Court
are also criticized for letting stand a
shameless class-action coupon settlement.


This year’s report enthusiastically emphasizes the good news from some of the
Judicial Hellholes and across the country. Points of Light are
examples of, among other things, positive legislative reforms and fair and
balanced judicial decisions that adhere to the rule of law.

  • State legislatures enacted nearly 50 civil justice reforms in
    . These included comprehensive tort reform packages in Wisconsin,
    Tennessee, Alabama, and North Carolina, and more targeted reforms in Arizona,
    Florida, Indiana, Kentucky, Missouri, North and South Dakota, Oregon,
    Pennsylvania, South Carolina, and Texas. Examples of such reforms include
    strengthening standards that guard against junk science in the courts, ensuring
    that courts do not broaden liability of landowners to those who are injured
    while trespassing on their property, limiting the amount or interest rates on
    pre- and post-judgment bonds, and requiring state officials to make certain
    disclosures when hiring private lawyers to represent the state.
  • Sound rulings by several courts, some of which are located in states that
    otherwise have reputations as inhospitable to civil defendants, are particularly
    worthy of note.

    • The California Supreme Court rejected inflated damages for
      the costs of medical treatment.
    • The District of Columbia’s highest local court found that,
      despite the broad language of the city’s consumer protection law, the basic
      principle that a person must be harmed before bringing a lawsuit applies.
    • The Illinois Supreme Court threw out a Madison County
      ruling that established a new and costly duty for manufacturers to warn
      consumers of remote risks of injury long after their purchase of the product.
    • The West Virginia Supreme Court of Appeal upheld the
      state’s limit on subjective pain and suffering awards in cases brought against
      healthcare providers and facilities.
    • The U.S. Court of Appeals for the Fourth Circuit reinstated
      a suit against a personal injury law firm alleging that attorneys engaged in a
      scheme to file in West Virginia courts fabricated asbestos claims with no
      factual basis.


Document Author: Judicial Hellholes
Firm/Company: Judicial Hellholes
Document Date: December 1, 2011
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