2021-2022 “Judicial Hellholes Report” provides an analysis of places considered unfavorable to corporate defendants. – Litigation, Mediation & Arbitration

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United States: 2021-2022 “Judicial Hellholes Report” provides an analysis of places considered unfavorable to corporate defendants.

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Each year, the American Tort Reform Association (“ATRA”) publishes its “Judicial Hellholes Report” which aims to identify the jurisdictions least favorable to corporate defendants.

This year, those 8 are at the top of ATRA’s list: (1) California (the plaintiff bar taking advantage of unique California laws like the Private Attorney General Act); (2) New York City (specifically with respect to the Americans with Disabilities Act accessibility requests and an attorney general combating climate change with energy companies), (3) Georgia; (4) Philadelphia (particularly in the Philadelphia Common Pleas Court and the Pennsylvania Supreme Court), (5) Illinois (in particular Cook, St. Clair and Madison counties and regarding litigation related to the Asbestos and Illinois Biometric Information Privacy Act Class Actions), (6) Louisiana (including deceptive litigation advertising practices and coastal litigation), (7) St. Louis, Missouri and (8) Carolina of the South (in particular in asbestos-related disputes). The 5 jurisdictions on ATRA’s “watch list” are: Florida, Colorado, Texas, Maryland and Minnesota. The summary and report are available here.

I’ve always found this read interesting, although I don’t always agree with ATRA’s ratings and rankings. Nonetheless, any corporate defendant making venue decisions should consult this report and consider ATRA’s point of view, particularly if it is a class action lawsuit.

The content of this article is intended to provide a general guide on the subject. Specialist advice should be sought regarding your particular situation.

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