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‘Nuclear verdicts’ and ‘litigation tourism’…
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‘Nuclear verdicts’ and ‘litigation tourism’ are partly why these state courts are high ‘judicial hellholes,’ report says
December 8, 2023, 2:13 pm CST
Courts in Georgia and Pennsylvania are named as high “judicial hellholes” for his or her friendliness to tort plaintiffs in a report. Picture courtesy of the American Tort Reform Basis.
Courts in Georgia and Pennsylvania are named as high “judicial hellholes” for his or her friendliness to tort plaintiffs in a report by the American Tort Reform Basis.
The report criticized Georgia and Pennsylvania for “nuclear verdicts,” outlined as verdicts of $10 million or extra, and “litigation tourism,” wherein plaintiff-friendly state courts allow lawsuits towards out-of-state defendants.
The report named all the state of Georgia as a “judicial hellhole” however names solely the Pennsylvania Supreme Courtroom and the Philadelphia Courtroom of Widespread Pleas as hellholes in Pennsylvania.
The report stated a 2023 U.S. Supreme Courtroom resolution greenlighted litigation tourism when it upheld a Pennsylvania legislation that requires firms to consent to private jurisdiction in state courts in the event that they register to do enterprise within the state.
The choice, Mallory v. Norfolk Southern Railway Co., upheld the legislation in a due course of problem however didn’t tackle whether or not the legislation might stand below a commerce clause principle, the ABA Journal reported in June.
The Georgia Supreme Courtroom reached the same resolution in 2021 that grants expansive jurisdiction over out-of-state defendants, in response to the report.
One other adverse ruling, the report stated, is a November resolution on venue by the Pennsylvania Supreme Courtroom that can enable many instances towards out-of-state plaintiffs to be heard in plaintiff-friendly courts in Philadelphia.
The courtroom dominated that venue is correct in a county the place an organization maintains “a continuing bodily presence,” corresponding to via a licensed supplier promoting its merchandise. The choice is Hangey v. Husqvarna Skilled Merchandise.
The report additionally factors to nuclear verdicts that embody a $1.7 billion damages award in Gwinnett County, Georgia, in 2022 and an award of practically $1 billion award in Philadelphia in 2023.
In second place on the judicial hellholes listing is Prepare dinner County, Illinois, adopted by California; New York Metropolis; South Carolina for consolidated asbestos litigation; Lansing, Michigan; Louisiana; and St. Louis.
Legislation.com spoke with legal professionals who criticized the report.
Alfred Carlson, president of the Philadelphia Trial Legal professionals Affiliation, stated the report is “an affront to the residents” of Pennsylvania and the judges and justices they elect.
“The justices and judges are neutral, honest and work extraordinarily onerous,” Carlson stated.
Evan Holden, a civil protection lawyer with Greenberg Traurig’s Atlanta workplace, advised Legislation.com that he was shocked to see Georgia on the high of the listing.
“My group and myself, we follow in federal courtroom and state courts not simply in Georgia however all through the nation, so I believe we’ve got a novel perspective,” Holden advised Legislation.com. “We really feel that Georgia is just not a foul place to be as a company defendant, not to mention primary on this rating.”
The hellholes listing appears to be distorted by “just a few runaway verdicts” by juries, he stated.
The American Tort Reform Basis, which issued the report, is the tutorial arm of the American Tort Reform Affiliation, a nonprofit group devoted to reforming the civil justice system.
Reuters additionally has protection of the report. How Interesting famous the Legislation.com protection.
See additionally:
“What state is deemed high ‘judicial hellhole’ following $1.7B verdict towards Ford Motor Co.?”
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