2007 Judicial Review

Apart from the headline news that Atlantic County, New Jersey, and Clark County, Nevada, for the first time made the 2007 judicial hellholes list, the American Tort Reform Association’s (ATRA) sixth annual report highlighted a number of other hotspots. One trend to watch, according to ATRA president Sherman Joyce is the increasingly common contractual relationships between some state attorneys general and their leading political patrons: personal injury lawyers. ATRA explains: “The scheme works like this: trial lawyers help a friend become an attorney general, the attorney general then “hires† his or her trial lawyer friends by deputizing them with the awesome power of the state and unleashing them to sue entire industries for the promise of billions of dollars in contingency fees.† The problem? These contingency fee arrangements are too often made behind closed doors without any public oversight, leading to potential abuse for personal gain, political patronage and litigation based on profit, not the public interest. In the last year ATRA says it has filed amicus (friend of the court) briefs in three appeals against these unholy alliances, including one in a Rhode Island lead paint case. By the way, last year’s public nuisance trial in the state’s lead paint case put Providence, Rhode Island on ATRA’s watch list for the first time. It remains a place to watch this year. Check out further I.I.I. info on the liability system.  

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