The list of "judicial hellholes" unveiled today shows that while tort reforms can help, it is up to the courts to apply the rules fairly, according to the American Tort Reform Association (ATRA).
"Judicial hellholes," said ATRA President Sherman Joyce, are jurisdictions where defendants are at a significant disadvantage due to bias of plaintiff-friendly court, or courts where "we think the access to civil justice on an equal basis" does not exist.
Replacing Madison County, Ill., for first place was the Rio Grande Valley and Gulf Coast of Texas–despite the fact that the Texas legislature has enacted a series of tort reforms in recent years.
"Unfortunately, judicial hellholes continue to exist in Texas, which we hold as a model state for civil justice reform," Mr. Joyce said. "The judges in these Texas jurisdictions continue to fail to apply the laws set forth by a decade of reforms enacted in this state."
Lisa A. Rickard, president of the U.S. Chamber Institute for Legal Reform, noted, "The number one ranking of two south Texas regions demonstrates that even when a state passes comprehensive tort reform–as Texas did in 2003–lawsuit abuse may persist if the new laws are not applied as intended."
Second on the list was Cook County, Ill., moving past list mainstays Madison County and St. Clair County, which are in the southern part of the state. At number three was West Virginia, which held the distinction of being the only entire state considered a "judicial hellhole."
South Florida was the sixth and final entry on the list, although the Wisconsin State Supreme Court received a "dishonorable mention." Although the state of Wisconsin has a good reputation for business interests, Mr. Joyce noted that the state's high court "has really taken a hammer" to tort reforms passed by the legislature.
Several jurisdictions were also put on a "watch list" by ATRA, including Oklahoma and Delaware. Victor Schwartz, ATRA's general counsel, acknowledged that there is no evidence of problems in Delaware but said the group has become suspicious because "thousands of asbestos cases" were recently filed there in a very short time period.
Overall, however, Mr. Joyce said the trend in tort reform has been a positive one. That sentiment was echoed by David Snyder, vice president and assistant general counsel for the American Insurance Association.
"Insurers and the broader business community achieved significant tort reform victories this year on both the legislative and judicial fronts," Mr. Snyder said, "but our job is far from finished."
Mr. Snyder noted several major achievements in tort reform during 2005, including passage of the Class Action Fairness Act by Congress and asbestos and silica medical criteria legislation in several states.
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