New York: Good, Bad & Ugly
The latest news out of once-and-future judicial hellhole New York, aka “Sue York,” can be described as good, bad and ugly
Judicial Hellholes, Points of LightReasonable Limit on ‘Pain & Suffering’ Awards Working in Mississippi
A new study shows that meritless medical malpractice litigation in Mississippi has been reined in considerably by 2003 tort reforms, including the limiting of pain and suffering awards.
Points of LightNC Lawmakers Override Gov’s Veto of Much Needed Medical Liability Reform
Following similar action by their Senate colleagues earlier this month, members of the North Carolina House have voted bipartisanly to override Gov. Bev Perdue’s veto of important medical liability reform legislation
Points of LightFresh Start for Pennsylvania Tort Reformers Starts with Enactment of ‘Fair Share Act’
Gov. Tom Corbett today signed the “Fair Share Act,” legislation that heralds a new day for a state’s often exploited and anticompetitive civil justice system
Points of LightWisconsin Appeals Court Upholds Dismissal of Medical Monitoring Claim
A three-judge panel of Wisconsin’s District III Court of Appeals recently upheld a circuit court’s dismissal of a claim for medical monitoring damages
Points of LightWest Virginia Court Upholds Limit on Pain & Suffering Awards in Medical Liability Lawsuits
West Virginia’s Supreme Court of Appeals yesterday reaffirmed the constitutionality of the state’s reasonable limit on inherently subjective awards for pain and suffering in medical liability lawsuits.
Points of LightSouth Carolina Lawmakers Send Tort Reform Package to Gov. Haley
Both the South Carolina House and Senate have now passed a major tort reform package, and the governor is expected to sign the legislation into law soon.
Points of LightTennessee Lawmakers Ignore Fred Thompson, Send Major Tort Reform Bill to Governor
Ultimately ignoring the down-home country homilies of actor and former senator turned trial lawyer lobbyist Fred Thompson, the Tennessee legislature passed a major bipartisan tort reform bill last week
Points of LightGeorgia High Court Reverses Itself on Vaccines in Light of Recent U.S. Supreme Court Decision
In light of the recent U.S. Supreme Court decision in Bruesewitz v. Wyeth LLC , Georgia’s highest court has put itself into contention for a “Points of Light” citation by vacating an earlier ruling that favored parents of autistic children over makers of childhood vaccines.
Points of LightTennessee Legislature Scores Big ‘Point of Light’
Following a favorable House vote earlier this week, the Tennessee Senate yesterday passed the Tennessee Civil Justice Act of 2011. The legislation is backed by Governor Bill Haslam, and he is expected to sign it into law soon
Points of LightMore Support for ‘LARA,’ the Lawsuit Abuse Reduction Act
Quin Hillyer’s latest commentary offers still more thoughtful support for passage of the Lawsuit Abuse Reduction Act, now pending in Congress
Points of LightATRA Paper Makes Clear Case for Constitutionality of Federal Medical Liability Reform
With the House Energy and Commerce Committee poised to begin marking up H.R. 5, the “Help Efficient, Accessible, Low-Cost, Timely Healthcare (HEALTH) Act of 2011,” the American Tort Reform Association has issued a paper its president says “makes a clear case that the legislation passes constitutional muster”
Points of LightFlorida Legislature Passes Important Tort Reform
The Florida legislature today passed an important tort reform bill that will empower jurors to hear all of the relevant facts in car accident cases where negligence on the part of driver is alleged.
Points of LightATRA General Counsel Talks up LARA on Behalf of Small Businesses
American Tort Reform Association general counsel Victor Schwartz recently discussed the virtues of the Lawsuit Abuse Reduction Act, now pending in Congress, with the National Federation of Independent Business, the nation’s leading small business advocate
Points of LightOklahoma Bill Limiting ‘Pain and Suffering’ Awards Heads to Governor’s Desk
In a year when many statehouses are lining up in favor of economic growth and against parasitic personal injury lawyers, Oklahoma lawmakers have sent to the governor a bill comprising reasonable limits on awards for noneconomic damages in civil lawsuits
Points of LightTort Reform Momentum Builds in Pennsylvania
As home to the reigning #1 Judicial Hellhole of Philadephia, Pennsylvania is long overdue for substantive tort reforms. Poised to spark a few Points of Light this legislative session, state lawmakers in Harrisburg are being urged by the business community and many in the media to modernize liability law by replacing the current and inherently unfair “joint and several” standard with one of “proportional” liability
Points of LightLARA’s Theme
ATRA general counsel Victor Schwartz will testify in support of the Lawsuit Abuse Reduction Act (LARA) during a hearing of the House Judiciary Subcommittee on the Constitution Friday morning, March 11.
Points of LightJudge Rules Exploited ‘Patent Marking’ Law Unconstitutional
Though his ruling will likely be appealed by plaintiffs’ lawyers or their allies at the Department of Justice, U.S. District Judge Dan Aaron Polster in Ohio has ruled unconstitutional the so-called false marking law which has recently been exploited in a new wave of lawsuits that could bankrupt many consumer product manufacturers and kill countless jobs.
Points of LightNo Injury? No Lawsuit, Says DC Court of Appeals
The District of Columbia’s highest court has rejected two claims that threatened to make the nation’s capital a magnet for consumer lawsuit abuse. The alternative, the Court recognized, “would open our courts to any person from anywhere who decides to lodge a complaint labeled as a ‘representative action’ . . . even though that person has suffered no injury-in-fact related to a District of Columbia merchant’s unlawful trade practice”
Points of LightAt Least Some California Judges Get It
Judicial Hellholes® reporters stand by the decision to include California at #2 in their recent rankings of the least fair civil court jurisdictions in the nation. But they admit to missing a laudable appeals court decision there last fall when researching the latest Judicial Hellholes report and now wish to give credit where credit is due
Points of LightCourt Dismisses Lawsuit by Gunslinger Against Bar Owner
A federal judge has thrown out a lawsuit by a man who got into a shootout at a bar, then sued the bar owner for his medical expenses, mental anxiety, inconvience, and pain and suffering. Although his federal case is dismissed, he could refile in a Pennsylvania state court. It wouldn’t be the first time that a bar patron succeeded in such a lawsuit in Pennsylvania state courts.
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