There is a growing trend across the nation of state courts in “Judicial Hellholes” rejecting U.S. Supreme Court precedent and improperly expanding personal jurisdiction for those courts. The American Tort Reform Foundation’s 2020 Judicial Hellholes report highlights this emerging problem and points to a handful of 2020 decisions that highlight it.
Judicial Hellholes are deemed the most unjust local courts and state civil justice systems in the country. The 2020 report ranks nine Judicial Hellholes while shining a light on lawsuit abuse. It further demonstrates that these jurisdictions are outliers in contrast to the rest of the nation
The U.S. civil justice system costs $373 billion annually. Excessive tort costs and lawsuit abuse in Judicial Hellholes clog courts, drain government tax revenue, and drive employers and jobs out of the state. …
Jury verdicts across the country continue to rise, with payout amounts increasing 51.7% annually from 2010 to 2018 while overall inflation grew only 1.7%. As trial lawyers flock to file lawsuits in the wake of the pandemic, the U.S. is poised to hold onto its reputation as the most litigious country in the world, and our $373.1 billion tort system is likely to grow even more expensive.
While small and large businesses may face lawsuits that bankrupt them, everyday Americans pay the price of lawsuit abuse through a “tort tax” costing more than $760 per person every year in the most litigious states, referred to as “Judicial Hellholes.” …
It is uncertain what our world will look like post-coronavirus, but trial lawyers already know who they plan to sue about it.
Purell and Germ-X, makers of hand sanitizer, as well as retail operations like Target who sell their own brand of such products were hit with class-action lawsuits in March.
These are the first coronavirus-related class action lawsuits, in what is sure to be an onslaught in the coming months and possibly years. Other manufacturers of products intended to protect against or treat COVID-19 will find themselves in the bullseye as well.
Some, like manufacturers of N95 respirator masks, received protection through liability waivers in federal legislation, but many industries did not. And the consumers — the members of the class action lawsuits? …
The flood of more than 2,000 opioid lawsuits by 1,200 local governments in courts across the country is the latest example of a harmful trend that creates legal chaos and confusion, weakens the authority of state attorneys general and lines the pockets of trial lawyers — but does little to help the victims.
The first bellwether trial in the opioid multi-district litigation was scheduled to begin today, October 21 in Ohio. However, prior to the start of trial, it was announced that the parties reached a $250 million settlement. …
Attorney General Mike Hunter’s 2019 opioid trial alleges that Johnson & Johnson’s FDA-approved and regulated opioids constitute a “public nuisance.” But in a 2018 Washington Examiner op-ed, he takes the opposite position with regard to climate change litigation. He again stated this position in a May 17, 2019 amicus brief in which he joined 17 fellow state AGs in filing an amicus brief in a 9th Circuit climate change case stating that the use of public nuisance law is inappropriate in the matter. The brief states that “the issues surrounding climate change and its effects — and the proper balance of regulatory and commercial activity — present political questions that cannot be resolved by judicial decree.” We agree with Hunter and his fellow AGs with regard to climate change. But he discarded this analysis regarding public nuisance in the opioid litigation. …
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