In a victory for reasonableness, the U.S. Circuit Court of Appeals for the Fifth Circuit this week upheld Mississippi’s $1 million limit on awards for non-economic damages
Points of LightPhiladelphia’s Court of Common Pleas had 70 percent fewer mass-tort case filings in 2012 than in 2011, but out-of-state plaintiffs continued to predominate
Points of Light, UncategorizedWith the personal injury bar gearing up a multimillion-dollar public relations and lobbying campaign in 2013 aimed at winning back some of the ground lost to ATRA and other tort reform groups in recent years, a federal jury in West Virginia took just two-and-a-half hours yesterday to return civil verdicts on all counts against two personal injury lawyers and a discredited former physician for conspiring to file fraudulent asbestos claims
Judicial Hellholes, Points of LightAs noted in the soon-to-be-released Judicial Hellholes 2012/2013 report, Ohio lawmakers have passed a first of its kind tort reform bill that aims to prevent asbestos plaintiffs from “double dipping” – filing claims with asbestos bankruptcy trust funds while also pursuing separate lawsuits.
Points of LightVoters in perennial judicial hellhole West Virginia have finally had enough of long-serving anti-business Attorney General Darrell McGraw. Californians rejected trial lawyer-written, lawsuit-promoting Proposition 37. And Madison County, Illinois voters incredibly retained shamed pay-to-play Judge Barbara Crowder who fomrerly oversaw the small rural county’s crooked and largest-in-the-nation asbestos docket
Judicial Hellholes, Points of LightThe Kansas Supreme Court today upheld a $250,000 limit on noneconomic damages that has been in place since 1988
Points of LightIllinois’ highest court last week reversed two lower court decisions in striking down a $3.9 million dollar jury award of damages for a youngster injured while trespassing and horsing around on a moving freight train
Points of LightOn September 19, 2012, Governor Brown of California signed S.B. 1186 into law. This ADA reform legislation looks to better protect small businesses from frivolous ADA lawsuit abuse.
Points of LightStriking a blow for common sense and contractual arbitration clauses, the California Supreme Court has ruled that a homeowners association must take its allegations of contruction defects against the developer to an arbitrator
Points of LightNew Hampshire lawmakers have forced into law an innovative “early offer” medical liability reform that some think may be adopted by other states
Points of LightThe American Tort Reform Association has submitted a “friend of the court” brief to Maryland’s highest court, urging it to uphold its own precedent as well as the long expressed will of the state legislature and 165 years of settled law with respect to the doctrine of contributory negligence
Points of LightThe U.S. Court of Appeals for the Second Circuit has appropriately overturned a lower court that had ruled in favor of disability-access radicals who sought to force all taxis in New York City to become wheelchair accessible
Judicial Hellholes, Points of LightLouisiana Gov. Bobby Jindal today signed into law a compromise “legacy lawsuit” reform package sent to him by the legislature last week
Points of LightOn June 1, 2012, a California Judge stood up to parasitic trial lawyers and ruled that CVS does not have to provide chairs for its cashiers. The decision ended a ridiculous class action lawsuit filed in 2009 by Nykeya Kilby, a former lazy CVS cashier in Chula Vista, California.
Points of LightOn Thursday, May 28th, the Louisiana House and Senate unanimously passed two partner bills that tackle the contentious legacy lawsuit issue. Governor Bobby Jindal is expected to sign the legislation this week.
Points of LightWith its medical liability reforms last decade, enactment of the Fair Share Act last year and judicial reform of Philadelphia’s plaintiff-friendly Complex Litigation Center earlier this year, ATRA counsel Mark Behrens makes the case that Pennsylvania could become the model for commonsense state tort reforms
Judicial Hellholes, Points of LightOn Monday, May 28th, the United States Supreme Court rejected a man’s ludicrous copyright claim in a case that is too outlandish to be made up.
Points of LightLast week, in a 5-0 decision, the Pennsylvania Supreme Court rejected the theory that each and every fiber of inhaled asbestos is a substantial contributing factor to any asbestos-related disease
Points of LightGeorgia Attorney General Sam Olens has been a true leader in Georgia and nationally on the need to set uniform standards for state hiring and management of outside contingency fee counsel.
Points of LightA New York lawyer with nothing better to do than sue his health club for supplying an allegedly insufficient breakfast has suffered a righteous beat-down at the hands of Manhattan Supreme Court Justice Ellen Coin
Points of LightIn a ruling that will certainly be considered among other “Points of Light” nominees when we draft this year’s upcoming Judicial Hellholes report, a Morristown, New Jersey judge today dismissed a lawsuit that sought to hold the sender of a text message liable for an accident caused by the reader of that message
Points of Light