American Tort Reform Association(1) by mmcsx


									                                            American Tort Reform Association
                                          1101 Connecticut Ave, NW Suite 400, Washington, DC 20036
                                                       (202) 682-1163

NEWS FOR IMMEDIATE RELEASE                            CONTACT: Darren McKinney (202) 682-0084


 Los Angeles, San Francisco, Philadelphia, Rhode Island, Delaware, New Jersey & Several Other
                Jurisdictions Also Cited for ‘Unfair and Unbalanced’ Civil Courts

        WASHINGTON, D.C., December 13, 2006 – Naming the entire state of West Virginia, South
Florida, Southeast Texas and three notoriously plaintiff-friendly counties in Illinois, the American Tort
Reform Foundation (ATRF) today released its annual Judicial Hellholes ® report, shining a bright
spotlight on “America’s worst jurisdictions in which to face a lawsuit.”

        American Tort Reform Association president Sherman Joyce explained to a gathering of
reporters in Washington that “Judicial Hellholes are places where judges systematically apply laws and
court procedures in an unfair and unbalanced manner, generally against defendants, in civil lawsuits.

         “What many will find interesting about this year’s report is that the top six Hellholes are in
states that recently enacted significant tort reforms, yet a handful of judges are either ignoring those
reforms or otherwise abusing their discretion to distort cases in favor of plaintiffs.”

         Joyce acknowledged that the Judicial Hellholes 2006 report “cites some repeat offenders, but
we also single out some first-timers on our ‘Watch List’ and among the ‘Dishonorable Mentions.’ And
the report’s ‘Points of Light’ include several jurisdictions that have considerably improved civil
justice, particularly when it comes to containing scandalous asbestos litigation.”

        ATRA general Counsel Victor Schwartz noted that the fifth annual Hellholes report highlights
several important trends. “Overall, the type of extraordinary and blatant unfairness that sparked the
Judicial Hellholes project and characterized the report over the past few years has decreased across-
the-board,” Schwartz said. “This improvement is a shared result of shining the spotlight on litigation
abuse and the wise corrections by both the judicial and legislative branches of state governments.

      “Thanks to actions by some local judges and rulings by the Illinois Supreme Court,” continued
Schwartz, “perhaps the most encouraging improvement can be found in perennial Hellhole Madison
County, Illinois.”

        “But make no mistake, the danger of regression persists and is very real,” Schwartz cautioned.
“New leadership at the organization formerly known as the Association of Trial Lawyers of America
has pledged to undertake a massive political and public relations campaign. We’re already seeing a
post-election effort to rollback reasonable reforms and undermine the fairness and predictability of

Judicial Hellholes Report, Dec. 13, 2006, Page 2

our civil justice system. Expect personal injury lawyers to fight for expansions of liability with so-
called ‘consumer protection’ lawsuits and public nuisance actions, among other troubling tactics.”

        Joyce and Schwartz went on to discuss in detail the report’s rationale for citing the various
jurisdictions as it does. All those details are available in the full Judicial Hellholes 2006 report posted
at Virginia

   1. West Virginia
   2. South Florida
   3. Rio Grande Valley and Gulf Coast of Texas
   4. Cook County, Illinois
   5. Madison County, Illinois
   6. St. Clair County, Illinois

Watch List
  • Miller County, Arkansas
  • Los Angeles County, California
  • San Francisco, California
  • Philadelphia, Pennsylvania
  • Orleans Parish, Louisiana
  • Delaware

Dishonorable Mentions
   • Providence, Rhode Island
   • Massachusetts Supreme Court
   • Louisiana Supreme Court
   • New Jersey
   • Nebraska Supreme Court
   • California Legislature

Points of Light
   • Illinois Supreme Court
   • California Appellate Court
   • Florida Legislature
   • Various State Legislatures and Courts
   • Oregon Trial Court

        “By issuing this report each year, ATRF hopes to educate the public and the media who, in
turn, will persuade Hellholes courts to provide equal justice under the law,” Joyce concluded


        The American Tort Reform Association, based in Washington, D.C., is the only national
organization dedicated exclusively to tort and liability reform through public education and the
enactment of legislation. Its members include nonprofit organizations and small and large companies,
as well as trade, business and professional associations from the state and national level.

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