Off Topic: California Ranks Second In Top “Hellholes” List By American Tort Reform Foundation

 

     Well, the American Tort Reform Foundation has come out with its 2011 list of top “hellholes” nationally for “places where judges systematically apply laws and court procedures in an unfair and unbalanced manner.” 

     California ranked second on the list, the same ranking as it had in 2010. The top ones were: Philadelphia; California; West Virginia; South Florida; Madison and St. Clair counties, Illinois; New York City and Albany, N.Y.; Clark County, Nevada; and McLean County, Illinois.

     California made the list for ADA “shakedown” suits, excessive punitive damage awards, weak class action suits, judicial ignoring of voter-approved laws, and lack of State Bar of California discipline for attorneys who file fraudulent suits. However, the report did praise California in some areas, especially the Supreme Court’s decision in Howell v. Hamilton Meats & Provisions, Inc., 52 Cal.4th 541 (2011), which limited personal injury claimants to recovering special medical damages for amounts actually paid by insurers/Medical/Medicaid rather than the larger amounts billed (but written off) by health care providers.

     We thank Jan Norman for her summary in a December 29, 2011 article in The Orange County Register. The full report is free and can be obtained at atra.org.