List of 2007 judicial hellholes released

[flashl]

Gulf Coasts courts considered 'judicial hellholes' by tort reform group

The Gulf Coast continues its reign as a "judicial hellhole."

The region has appeared on the American Tort Reform Foundation's report since the report's inception six years ago.

A "hellhole" is defined as a state court where judges systematically apply laws and court procedures in an unfair and unbalanced manner, generally against defendants in civil lawsuits.

"Though Texas enacted important reforms in 2003 and 2005, vastly improving its civil justice climate, personal injuries lawyers are still managing to live 'high off the hog' in Jefferson, Brazoria, Cameron, Hildalgo, Nueces, Starr and Zapata counties," said Sherman Joyce, president of the American Tort Reform Association.

The Gulf Coast courts have earned a reputation as a "plaintiff paradise," where trial courts often order new trials when the jury finds for the defendant; campaign and financial relationships exist between plaintiff's lawyers and some judges; forum-shopping is more prominent than in other parts of the state; and it is more difficult to compel some courts to follow procedural rules, including those relating to summary judgments and "junk science," the association said.

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ATRA's Judicial Hellholes Report

The American Tort Reform Association has released its 2007 Judicial Hellholes report. Here's the news release with the darkest of holes, those areas into which the light is seeping, and some newly illumined locations.

With positive solutions, too:

Finally, the report briefly highlights several reforms that can restore balance to Judicial Hellholes, including stopping "litigation tourism," enforcing consequences for bringing frivolous lawsuits, stemming abuse of consumer laws, providing safeguards to ensure that pain and suffering awards serve a compensatory purpose, strengthening rules to promote sound science, addressing medical liability issues to protect access to health care and prioritizing the claims of those who are actually sick in asbestos and silica cases.

Experience shows that one of the most effective ways to improve the litigation environments in Hellholes is to bring the abuses to light so everyone can see them. By issuing its Judicial Hellholes report, ATRF hopes that the public and the media can persuade the courts in Hellholes to provide "Equal Justice Under Law" for all.

Full report {PDF} here.

I guess their goal is zero torts?

[Warpy]

1. Crooks hate to be prosecuted

so guess who's supporting ATRA?

One of their biggest supporters is Bob Perry, one of the biggest housebuilders in Texas, headquartered in Houston. He's also been sued more often than any other builder in the state, usually for egregious cause.

He's also the charmer that gave the Swift Boat liars their seed money.

[Solar Power]

2. I am not sure I know about this. but....

The ability to sue is guaranteed in the Constitution.
>>>>>>>>>>>>>>>>>>> If that is made impossible by local jurisdictions, for whatever reasons, then this situation should be rectified.
Sadly, many situations that need improvement here, are not improved, and this will probably be just another..

[Horse with no Name]

3. I am going to say this without researching it

because I know someone will surely correct me if I am wrong...but these are the areas that were gerrymandered trying to break the Democratic hold on that area.
I can imagine a Tort Reform Foundation WOULD find it despicable that injured people were compensated fairly.

[Jacobin]

4. Odd that they don't mention the corporate judicial hellholes

Which is most of the country where a plaintiff can't get a day in court because of RW judges.

[flashl]

5. Center for Justice & Democracy Response Letter

Dear American Tort Reform Association:

Finally a group has stepped up to plate, grabbed the bull by the horns, and taken the unpopular position of standing up for the little guy. In the immortal words of Twisted Sister, you have said: “We’re not gonna take it anymore.” And like Rocky beating the unbeatable Apollo Creed, you have defied the odds.

Your courageous “Judicial Hellholes” report at long last draws attention to the many injustices corporations have to face day in and day out. You have finally given a voice to the “mom and pop” tobacco companies, gasoline conglomerates, and insurance providers. Frankly, it gives me goose bumps.

Corporations, just like everyone else, want to be loved and made to feel secure. What is so hard about giving them a little positive reinforcement? An “attaboy” or a “keep up the good work” costs nothing. Unfortunately, they don’t get this much-needed love. Instead they get attacked – and by a bunch of ungrateful sick and injured folks.

As you so bravely and eloquently point out, your loveable little tikes often face hellish working environments. States like Florida, West Virginia, Nevada, and Illinois are literally hell on earth for corporations just trying to make a buck. How are they supposed to do that when people keep suing them for chopping off fingers, maiming children or making the air impossible to breathe?

...

Thanks to you, mom and pop corps can eat instead of choosing between their medicine and their groceries. The world needs more defenders of freedom and seekers of justice like you.

You have shown unwavering courage and your tenacity reminds me of the “little engine that could.” I know it’s not easy, but stay strong. Choo choo ATRA. Choo choo, I say. Bravo ATRA. Bravo on a job well done.

You have fought the good fight on behalf of the real victims: global corporations. That’s right, I said it. Not you, sweatshop laborer, and no not you, tire factory worker. Not even you, disenfranchised family below the poverty line. The real victims are you, the corporations.

I can’t imagine anything worse than working in a “hellhole.” It’s not the heat, but the humidity that would kill you.

Very sincerely,

John Guyette
Center for Justice & Democracy

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[flashl]

6. Consumer Group Condemns Bogus “Hellhole” Report

Consumer Group Condemns Bogus “Hellhole” Report As Dishonest and Unfair

The Center for Justice & Democracy (CJ&D) called the American Tort Reform Association’s “Judicial Hellholes 2007” report, “dishonest and unfair with apparently no other point other than to undermine the independence of our judges and juries.” In its report released today, ATRA once again launched an unsubstantiated attack on fair and independent courts based primarily on a survey of its own members that includes some of America’s worst industries - tobacco, insurance, chemical, and pharmaceutical - that have a direct financial stake restricting lawsuits when they injure or kill someone. Also attacked are public officials who stand up to these industries in order to protect the consumers in their states.

“This report is complete nonsense filled with anecdotal stories and media quotes, perpetuating myths that ATRA itself creates,” said Joanne Doroshow, Executive Director for CJ&D. “What ATRA really seems to hate is our system of government where judges and juries cannot be wined, dined and bought-off by corporate lobbyists like them. So they try instead to issue bizarre reports like this, throwing jurisdictions in and out for their own political reasons, and attacking judges and juries who are doing their jobs on behalf of average hard-working Americans.”

The ATRA report and others like it have been severely attacked over the years by credible scholars. Just this year, two West Virginia University professors Richard Brisbin Jr. and John Kilwein published an article that notes, “business interest groups and the media produce stories about abusive litigation that neglect important contradictory information, rely on erroneous information, make assumptions based on inaccurate anecdotes, or use inadequate evidence and slogans generated by the ‘research’ arms of interest groups who neglect normal standards and practices of empirical social scientific inquiry.”

“We reject this report and applaud our judges for doing their jobs by protecting us from corporations that do not always have the best interest of the average person in mind,” said Donna Harnett of Chicago (Cook County), IL - one of the so-called “hellholes.” Donna’s son, Martin, was injured at birth due to negligence, leaving him severely brain-damaged and requiring around the clock care. The ATRA report attacks the court in Donna’s hometown, Chicago (Cook County), that correctly struck down an unconstitutional cap on compensation for children like Martin.

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