For the first time in the history of the American Tort Reform Foundation’s (ATRF) “Judicial Hellholes” report, two jurisdictions were jointly ranked as being the worst in the U.S. for the period of 2023-2024: Georgia, and jurisdictions in Pennsylvania—specifically, the Supreme Court of Pennsylvania and the Philadelphia Court of Common Pleas.
The remainder of the top “Judicial Hellholes” were listed as Cook County, Illinois; California; New York City; South Carolina Asbestos Litigation; Lansing, Michigan; Louisiana; and St. Louis. ATRF summarizes that some of the jurisdictions 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.” Other concerning issues coming out from among these jurisdictions include increased no-injury lawsuits, bias, unfair trials, severe verdicts, the allowance of “junk science,” deteriorating civil justice climate, and more.
No. 1 Rankings for Georgia and Pennsylvania Explained
According to the ATRF, Georgia “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 judicial nor the legislative branches are willing to take responsibility for the state’s poor civil justice system.”
As for the Pennsylvania courts, ATRF noted that “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.”
Furthermore, “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.”
Jurisdictions on the Watch List and Dishonorable Mentions
The annual report named three jurisdictions that have landed on the ATRF’s “Watch List” due to their “histories of abusive litigation or troubling developments.” The three jurisdictions—Kentucky, Texas Court of Appeals for the Fifth District, and New Jersey—may be moving closer to or farther from designations as Judicial Hellholes, according to the Foundation.
Several jurisdictions also made the “Dishonorable Mentions,” which ATRF describes as “singularly unsound court decisions, abusive practices, legislation, or other actions that erode the fairness of a state’s civil justice system and are not otherwise detailed in other sections of the report.” The jurisdictions that meet these criteria are the Delaware Supreme Court, which “adopted an expansive view of public nuisance and trespass liability”; Illinois counties, which “remain the venue of choice for asbestos claims”; the Minnesota Legislature, which “enacted a liability-expanding agenda”; and the Wisconsin Supreme Court, which “denied a review in a controversial product liability judgement.”
Points of Light
On a brighter note, the report describes its “Points of Light” as “examples of fair and balanced judicial decisions that adhere to the rule of law and positive legislative reforms.” Significantly, after a long history as a Judicial Hellhole, Florida was removed from the list and instead named a “Point of Light” after a year of successful landmark civil justice legal reform.
Other states that enacted positive civil justice reforms include Indiana, which released a bill placing reasonable limits on third-party litigation financing; Montana, which released comprehensive product liability legislation; and Kansas, which released legislation that lowers the prejudgment interest rate, according to the report.
Other states that displayed positive developments include New Hampshire and Delaware Supreme Courts, which rejected no-injury medical monitoring claims; the New Jersey Court of Appeals, which discarded improper expert testimony; the Texas Supreme Court, which rejected manipulation of juries by “anchoring;” and the West Virginia Supreme Court, which placed reasonable limits on employer liability.
To learn more on this timely topic, register for the January 23 webinar, "Journey to the Center of the Hellholes: 2024" where Ronna Ruppelt, CEO of CLM, will sit down with Lauren Jarrell, Director and Counsel, Civil Justice Policy with the American Tort Reform Foundation to discuss the report's results.