Drug Lawsuits Made Atlantic City A Judicial Hellhole
7 CommentsBy Ed Silverman // December 19th, 2007 // 12:20 pm
The latest ranking of America’s most unfair jurisdictions in which to be sued has been compiled by the American Tort Reform Foundation, which isn’t crazy about plaintiffs’ lawyers. And the county, which includes the seaside gambling den known as Atlantic City, joins the list this year at No. 6. For those who were unaware, the state court located there is home to a growing number of huge lawsuits filed against drugmakers, with the most notable being the Vioxx litigation (although many of those lawsuits are also housed in federal court in New Orleans). Here’s what the organization has to say:
“Personal injury lawyers seem to have gained a monopoly in Atlantic County, a new addition to the Judicial Hellholes report. New Jersey is known for particularly plaintiff-friendly laws, admitting junk science in court and hosting lawsuits from all over the country against their state’s own economic driver, the pharmaceutical industry. All these elements were on display in the Vioxx litigation in Atlantic County. There is also evidence that litigation fairness is deteriorating throughout the Garden State, leading to the formation of the New Jersey Lawsuit Reform Alliance in October 2007.
“High profile issues such as class action abuse, pharmaceutical liability, asbestos lawsuits and extraordinary awards often dominate headlines. But being cited as a Judicial Hellhole is nothing to celebrate. Litigation abuse ultimately hurts the people living in these jurisdictions the most - economic growth and access to health care, among other things.”
Rounding out the top five are South Florida; Rio Grande Valley and the Gulf Coast, Texas; Cook County, Illinois; the entire state of West Virginia, and Clark County, Nevada, although pharmaceutical lawsuits don’t figure in all of these venues. In any event, here is the full report.
Justice in Michigan
A couple of notes:
1. Honored that the Michigan Legislation was awarded a “dishonorable mention” by ATRA. While their phrasing was vague - the usual demonology of trial lawyers, etc. - it was in response to the Michigan House’s bill repealing our state’s full civil-liability immunity for drug companies. That passed the house by a two-thirds majority, and a bi-partisan one. (About one-third of Republican reps joined most [but not all] of the Dem reps in voting for repeal.)
Does ATRA see all these folks as part of the Trial Lawyer Conspiracy? Or the 70% percent of Michigan citizens who support repeal?
2. Also interesting that Texas got on there, although not the whole state. After Michigan, Texas has the strongest shield law against bringing suit in a “failure-to-warn” pharmaceutical context.
3. Speaking of Watch Lists, I think I’ll go and update myself on who funds ATRA and their affiliate franchises. It’s always been enlightening work.
Tom
I imagine most readers of this blog see “judicial hellholes” as either a blessing from heaven or the ultimate form of virulent plague. On a broader scale, they are a deeply disturbing commentary on the state of our legal system. When judges and jurisdictions are perceived to be either more plaintiff or more defendant friendly, the rule of law becomes meaningless and the U.S. looks like a third-world country. I don’t have a legal background and have no idea how this can be fixed - would love to read comments from those with rational and constructive ideas.
Justice in Michigan
Tom - Perhaps it will surprise you, but I definitely don’t see “judicial hellholes” as a blessing from heaven. There are all sorts of flaws and inequities in our civil justice system - as in our regulatory agencies, corporate sectors, etc..
In my own teaching on this, I begin with a slide titled “The Constant Gardner versus the King of Torts.” Point being - to get beyond the demonizing and counter-demonizing that so infects rational discussion on this question.
It is too much to summarize here, but there have been excellent, and accessible, commentaries on these issues that a lot of people (obviously not all) would view as reasonably fair, reasonably balanced, and reasonably sane! Forbes, Business Week, and a range of other “lay” publications have done very good overviews - both of the scale of the problem, what is real and not real about it, the ways it gets profoundly politicized, and - most important - potential solutions. Those may be good places to begin.
One of the smarter things I read - I think this was in Biz Week - is that the way one engages this issue almost always says profound things about one’s political-economic first principles more generally. That is, all of us begin with a certain set of presumptions that are, for us, “the foundation.” So rational discussion on this issue - beyond demonizing and “screaming points” - can lead to some pretty deep intellectual/political self-reflection if we are willing to go there. I hope we are!
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James
Tom, I see it a bit differently. The law of unintended consequences rears its ugly head when we as a nation attempt to standardize law or legal procedure.
The fact is, what people want it Michigan is different than what people want in Tennessee. Likewise, what is desired by the majority of folks in Northern Virginia is despised by those in Southern Virginia. True in politics, true in legal systems.
Yes, there will always be those who game the system. But unifying under one standard can only result in a system that leaves no one satisfied.
Jesse O. Kurtz
If you would like to know the political backdrop for these lawsuits, check out my analysis of Atlantic City political activity. You can read The Atlantic City Scoop, http://cityofatlantic.wordpress.com.
komik resimler
Thank you.