2023-2024 Judicial Hellholes Report
The 2023-2024 Judicial Hellholes® report shines its brightest spotlight on nine jurisdictions that have earned reputations as Judicial Hellholes®. Some are known for allowing innovative lawsuits to proceed or for welcoming litigation tourism, and in all of them state leadership seems eager to expand civil liability at every given opportunity.
JUDICIAL HELLHOLES SUMMARIES
#1 GEORGIA The “Peach State” maintained its position atop the list thanks to another year of high nuclear verdicts and liability-expanding decisions by the Georgia Supreme Court. Neither the judiciary nor the legislative branches are willing to take responsibility for the state’s poor civil justice system.
#1 THE SUPREME COURT OF PENNSYLVANIA &THE PHILADELPHIA COURT OF COMMON PLEAS A late-breaking venue decision by the Pennsylvania Supreme Court that will increase litigation tourism and an almost $1 billion verdict out of the Philadelphia Court of Common Pleas propelled these courts to the top of this year’s list. Additionally, there is a flood of medical liability litigation in Philadelphia courts thanks to the Pennsylvania Supreme Court’s decision to eliminate an important rule governing where lawyers may file these cases. The Philadelphia Court of Common Pleas continues to be a prolific producer of nuclear verdicts and liability-expanding decisions by the high court will only worsen the situation. Plaintiffs from across the country flock to the Court of Common Pleas because of its reputation for excessive verdicts and its “open door” policy to out-of-state plaintiffs.
#2 COOK COUNTY, ILLINOIS Lawsuits brought under the state’s Biometric Information Privacy Act bog down Illinois businesses and a new wave of no injury lawsuits is on the horizon. Food and beverage litigation floods the county’s dockets and liability-expanding legislation only worsens the problem. Additionally, an overwhelming percent of the state’s nuclear verdicts come out of the Cook County trial court.
#3 CALIFORNIA Endless Prop-65 litigation targets a variety of industries and no-injury Private Attorney General Act (PAGA) and Americans with Disabilities Act (ADA) accessibility lawsuits bog down business. The state’s unique Lemon Law is a gold mine for plaintiffs’ lawyers and arbitration is under attack in both the courts and the legislature. California also is at the forefront of the environmental litigation battle.
#4 NEW YORK CITY Expansive liability laws have led to lawsuit abuse in the Big Apple. No-injury consumer class action lawsuits and lawsuits brought under the ADA bog down businesses and third-party litigation finance feeds the litigation machine. Additionally, rather than address the problems, the legislature chooses to pursue the trial bar’s liability-expanding agenda.
#5 SOUTH CAROLINA ASBESTOS LITIGATIONSouth Carolina’s consolidated docket for the state’s asbestos litigation has cemented an unwelcome reputation for bias against corporate defendants, unwarranted sanctions, low evidentiary requirements, liability expanding rulings, unfair trials, severe verdicts, a willingness to overturn or modify jury verdicts to benefit plaintiffs, and frequent appointment of a receiver to maximize recoveries from insurers.
#6 LANSING, MICHIGAN A newcomer to the 2023 list, both the Michigan Supreme Court and Michigan Legislature bear responsibility for Lansing’s deteriorating civil justice climate. The high court expanded premises and workplace liability and adopted an expansive approach to medical liability. A barrage of liability-expanding legislation was introduced and enacted, with more on the horizon in 2024.
#7 LOUISIANA Coastal litigation drags on with no end in sight and is a burden on the state’s economy. Insurance schemes plague the system, and the outgoing governor vetoed much needed transparency legislation.
#8 ST. LOUIS Judges in St. Louis abandon their role as “gatekeepers” and allow junk science to be presented in their courtrooms. The courts are a prolific producer of nuclear verdicts and St. Louis has an international reputation as a plaintiff-friendly jurisdiction. Rather than address the lawsuit abuse, the legislature has failed to move reforms.
WATCH LIST
Beyond the Judicial Hellholes®, this report calls attention to three additional jurisdictions that bear watching due to their histories of abusive litigation or troubling developments. These jurisdictions may be moving closer to or further away from a designation as a Judicial Hellhole® and they are ranked accordingly.
KENTUCKY The “Bluegrass State” makes its first appearance on the Judicial Hellholes® report’s Watch List due to a handful of percolating issues. State courts have exposed those who report suspected fraudulent claims to liability, eliminated a critical screening mechanism for medical liability claims, and are experiencing larger verdicts. Additionally, some lawyers have resorted to unethical measures to obtain wins.
TEXAS COURT OF APPEALS FOR THE FIFTH DISTRICT The Fifth Court repeatedly misapplies state precedents and procedures, requiring review and reversal by the state’s high court. It has developed a reputation for being pro-plaintiff and pro-liability expansion.
NEW JERSEY The New Jersey trial bar has achieved the triple threat – they wield unprecedented power in the state legislature, the Governor has no real interest in civil justice reform, the political balance of the New Jersey Supreme Court has shifted and recent decisions by the state’s intermediate appellate courts indicate a corresponding shift toward increased liability for businesses.
READ FULL REPORT
https://www.judicialhellholes.org/wp-content/uploads/2023/12/ATRA_JH23_FINAL-1.pdf
