American Justice
Partnership Foundation

 

Updates About New Legal Reform Developments, Articles, Reports and Resources of Interest to Corporate and Public Policy Leaders

March 2008

 

 

Featured Multimedia

With Justice For All

Andrew Napolitano, of the FOX News Channel, moderates a lively debate between Dick Scruggs and Steve Hantler, AJP Chairman, about the pros and cons of legal reform and the activities of the plaintiffs' bar.

Essential Information Series

AJP speaks with key business leaders and state officials about the urgency of lawsuit reform at the state level and what is at stake for consumers, business and the future quality of life in America.

Click to Watch 

Click to Watch 

Audio Interview: Chief Justice Wallace Jefferson, Texas

In this candid interview, Chief Justice Jefferson of the Texas Supreme Court, talks with Kristyn Shayon about the role of the judiciary and the Supreme Court. He discusses how Justices approach the research and analysis of cases that come before the Court and what thought process goes into the final opinion.

Audio Interview: Chief Justice Cliff Taylor, Michigan

The Wall Street Journal has called the Michigan Supreme Court the “finest court in the land.” In this interview, Kristyn Shayon discusses with Michigan’s Chief Justice Cliff Taylor some of the factors which must have been considered by the Wall Street Journal before making this assessment.

Click to Listen 

Click to Listen 

States Ranked in Major Update of Tort Liability Climate Study from Pacific Research Institute

March 11, 2008 --  California-based Pacific Research Institute (PRI) released the newly updated U.S. Tort Liability Index: 2008 Report. The new study, which follows on PRI’s groundbreaking 2006 Index, provides new analysis on all 50 states based on multiple variables of empirical data measuring both inputs (what states have done to reform their legal systems) and outputs (the cost/risk factors currently facing states based on their legal systems).

 

“The 2008 study confirms the predictions made by the 2006 study – when states take action to reform their tort lawsuit systems, they better position themselves for economic growth by lowering tort costs,” said Dan Pero, AJP president. “CEOs and corporate planners now have a better tool to assist them with tough decisions about where to add jobs and expand operations, particularly during this time of economic uncertainty.”

Read More About the Report and Download

Audio Interview with Dr. Lawrence McQuillan

Institute for Legal Reform Releases 2008 State Liability Ranking

April 23, 2008 -- The U.S. Chamber Institute for Legal Reform has released the results of its annual opinion survey conducted by Harris Interactive among 957 corporate general counsel and senior litigators in companies with sales of $100 million or more.

The survey results provide a snapshot of current perceptions of corporate attorneys who supervise law firms managing cases on their behalf in state courts.  Their perceptions are compiled in such a way as to rank the 50 states from best to worst legal climates, taking into account factors such as perceptions of the fairness of liability laws on the books and the performance of state judges in overseeing cases, among others.

Download 2008 ILR-Harris Report

 

New Jersey, Nevada Counties Named in 2007 "Judicial Hellholes" Report by American Tort Reform Foundation

Dec 18, 2007 - At a press conference in Washington, DC, the American Tort Reform Foundation has named for the first time Clark County, Nevada and Atlantic County, New Jersey as "Judicial Hellholes". The list also includes perennial Hellholes:  South Florida; Rio Grande Valley and Gulf Coast, Texas; Cook County, Illinois; and, the entire state of West Virginia as the nation’s most unfair civil court jurisdictions.

“Besides naming two new Judicial Hellholes this year, the biggest headline may be the fact that Madison County, Illinois is no longer a Hellhole,” noted ATRF president Sherman “Tiger” Joyce. “In each of the last five years Madison County was cited as a leading Hellhole. But led by Chief Judge Ann Callis and Judge Daniel Stack, the courts there have undertaken several positive reforms which justify moving the county this year to the ‘Watch List.’

Read More About the Report and Download

Audio Interview with ATRF President Tiger Joyce

AJP Report Documents the Financial Stake for Business in Reforming State Medical Liability Laws

"In its new report, Medical Crisis: A Pocketbook Matter for Employers, the American Justice Partnership reveals the shocking statistics behind the health care crisis in our nation," said John Engler (below), President of the National Association of Manufacturers (NAM) and former Governor of Michigan.

"CEOs, small business owners, and top executives will learn that patient access to health care directly affects the cost of employer-paid health insurance. When a hostile legal environment chokes the health care profession in a state, insurers raise premiums or simply stop providing coverage," continued Engler. 

"Here is the fact: States that have expansive medical liability laws on their books have driven doctors and healthcare facilities out of business through sky-high malpractice insurance rates and predatory tactics of the plaintiff’s bar,” said Dan Pero, President of AJP. “Without basic legal reforms that protect patients and provide relief for the health care community, patients suffer and businesses are left holding the tab.”

Read More and Download Full Report
 

Directorship "Annual Guide to State Legal Climates"

June 27, 2007 -- Directorship magazine and www.directorship.com, both of which are widely read by a majority of Fortune 500 boards, invited AJP to prepare a 12-page Guide profiling the political, legislative and judicial dynamics that create the current and future liability risks in each state. Directorship published the Guide this week.

"Board directors need to understand which states have created predatory liability laws that will ensnare their companies in costly and protracted litigation," says Jeff Cunningham, Publisher of Directorship magazine.  "Directors, on behalf of shareholders, need to make good decisions about in which states to expand operations and increase employment. We asked Steve Hantler to partner with us on the Guide because through AJP he has the best network of in-state Partners who are the experts on their respective state legal climates."

High-level Legal Risk Analysis for Decision-Makers

"Our goal for the Guide is to provide board directors and other company decision-makers with a high-level understanding of risks arising because of the legal climate in each state," says lead author Steve Hantler, right, Chairman of the American Justice Partnership.  "While directors will need more detailed information before making major decisions about where to site facilities, this Guide provides an expert summary of the environment in all the states."  Read More

 

 

Audio interview about the Guide with Jeff Cunningham, Publisher of Directorship Magazine

 

Download the Guide to State Legal Climates

 

PRI Report Pegs Cost of U.S. Tort System At 27 Times Federal Spending on Homeland Security

$124 Billion in Additional Health Care Spending Alone

March 27, 2007 America’s out-of-control legal system imposes a staggering economic cost of over $865 billion every year according to a new scholarly study released today by the Pacific Research Institute (PRI), a free-market think tank based in San Francisco, California.  This figure is 27 times more than the federal government spends on homeland security, 30 times what the National Institutes for Health dedicate to finding cures for deadly diseases, and 13 times the amount the Department of Education spends to help educate America’s children. 

 

The authors of Jackpot Justice: The True Cost of America’s Tort System calculated that the nation’s tort system imposes a yearly “tort tax” of $9,827 for a family of four and raises health care spending in the U.S. by $124 billion. 

 

The new PRI study provides the most comprehensive examination ever of U.S. tort costs.  According to the study’s lead author, Dr. Lawrence J. McQuillan, unlike previous studies, Jackpot Justice calculates both the direct and indirect costs of America’s legal system. 

 

Audio Interviews 

Dr. Lawrence McQuillan

Pacific Research Institute

In this AJP exclusive interview, Dr. McQuillan joins AJP's Kristyn Shayon to talk about the newly released US Tort Liability Index: 2008 Report, and the updated methodologies used to assemble the two rankings produced by the study.

Listen to Interview

Spotlight on the Texas Supreme Court

Chief Justice Wallace Jefferson

Texas Supreme Court

In this candid interview, Chief Justice Jefferson of the Texas Supreme Court, one of the most highly regarded jurists in the nation, talks with AJP's Kristyn Shayon about the role of the judiciary and the Supreme Court. He discusses how Justices approach the research and analysis of cases that come before the Court and what thought process goes into the final opinion.

Listen to Interview

Spotlight on Michigan's Supreme Court

Chief Justice Cliff Taylor

Michigan Supreme Court

The Wall Street Journal has called the Michigan Supreme Court the “finest court in the land.” In this interview, AJP's Kristyn Shayon discusses with Michigan’s Chief Justice Cliff Taylor some of the factors which must have been considered by the WSJ before making such a statement.

Listen to Interview

Attorney General Bob McDonnell

Commonwealth of Virginia

Virginia Attorney General Bob McDonnell joins Kristyn Shayon to talk about "the terrific tort climate" in Virginia. His common sense approach to the application of justice has helped give Virginia a top ten ranking in several major surveys and reports of all fifty states.

Listen to Interview

Senator Glenn Coffee

Oklahoma State Senate

Senator Coffee, Republican Majority Leader of the Oklahoma Senate and a nine-year leader of legal reform legislation, talks with AJP's Kristyn Shayon about this year's comprehensive legal reform bill and the stunning last-minute flip-flop by Governor Brad Henry.

Listen to Interview

Senator Charlie Ross

Mississippi State Senate

In this interview, Senator Ross gives us the behind the scenes look at just how close Mississippi came to a complete breakdown of the civil justice system, and the ensuing campaign for comprehensive legal reform that involved significant efforts from the business, medical and legislative communities alike.

Listen to Interview

Renee Giachino on State Supreme Courts

Listen to Renee's Commentaries on

NAM's new radio program, "America's Business"

Listen to Commentary

 

Op-Ed Articles

March 20, 2008

No Class

John Sullivan, Civil Justice Association of California

February 28, 2008

'Reform' groups want voters out of the loop

Dan Pero, American Justice Partnership

February 19, 2008

Justice's Rulings Not For Sale

Dan Pero, American Justice Partnership

February 8, 2008

Keep Judicial Elections Democratic

Dan Pero, American Justice Partnership

February 8, 2008

Michigan Needs a Drug Shield Law

Dan Pero, American Justice Partnership

November 19, 2007

Patient Loss of Health Care Services Remains Critical in Pennsylvania

Ken Kilpatrick, The Patients And Physicians Alliance

November 19, 2007

Justice O'Connor Confuses "the symptom with the disease"

Dan Pero, American Justice Partnership

November 15, 2007

Benchmarks of Judicial Elections?

Dan Pero, American Justice Partnership

August 29, 2007

Repealing state's legal reforms helps trial lawyers, not residents

August 22, 2007

Trial lawyers want to profit at expense of Mich. public

July 17, 2007

Alabama Teeters: Will it be up or down for the state?

June 15, 2007

Small Businesses Increasingly Endangered by Lawsuits

June 6, 2007

Shuttering of obstetric units is symptom of a deeper crisis

May 4, 2007

Ohio Plays Politics in Paint Makers Suit

Current Articles and Reports

Civil Justice Association of California

 releases first quarter edition of

View PDF

New Report Offers More Evidence That Trial Lawyers' Aggressive Soliciting Of Clients Poses Health Risks

Jan 10, 2008

New Study from Michigan Chamber Foundation

Michigan Must Continue to Move Forward; More Legal Reform Needed

Click Here for Info

New Survey Shows Americans Expect Transparency, Accountability from Attorneys General

ATRA

April 23, 2007

Lawsuit Abuse Against Doctors:

A Life-or-Death Issue in Pennsylvania

by Todd G. Young President, DecisionMakers, Inc.

March 16, 2007

The Nation's Top Ten Worst Attorneys General  Competitive Enterprise Institute

Essential Reference

Judicial Hellholes 2006 PDF

Audio Interview

Trial Lawyers Inc.: Illinois

Audio Interview

Towers Perrin Tillinghast's

U.S. Tort System Costs:  2006 Update

New Improved Player Page!

Join AJP Chairman Steve Hantler as he interviews ABCNews' Consumer Reporter John Stossel about his new book "Give Me a Break"

Click Here for More

Walter Olson, Steve Hantler and Andrew Napolitano discuss strategies for beating the trial bar. Audio Interview GO

 

U.S. Tort Liability Index: 2006 Report

A Study by the Pacific Research Institute ranks the health of state civil justice systems

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Watch Press Conference Video

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The American Justice Partnership is a national nonprofit coalition of leading corporations, think tanks, foundations, trade associations, individuals and organizations advocating for legal reform at the state level.  AJP is an affiliate of the National Association of Manufacturers. 

 

If you know of or have authored an article or report that deserves recognition among corporate and public policy leaders, please send an email to LegalReform@lawexec.com Original material © 2008 American Justice Partnership.  xx

 

MultiMedia

Audio and Video interviews with partners on the front lines of legal reform

Click Here

 

New! Chapter 4

Legal Shakedowns & Scandals

Click Here for More

Click here to see all chapters

 

Special Alert:

Georgia Supreme Court Protects Expert Witness Reform

March 10, 2008

Read More

 

New Dan Pero Series:

State Capitol Outlook:  Why the Democrats Want to Beat Cliff Taylor

Read Column

 


Special Alert:

Michigan State Medical Society:
Liability Rate Drop Shows Tort Reform is Working

Read More

 

CA State Senator Awarded for Civil Justice Leadership

Read More

 

New Interview!

Shannon Goessling, Southeastern Legal Foundation

Judicial Elections & Impartiality

Read More

 

Conversations With Barbour, Manchin and Hantler

Read About the Tangible Benefits of Legal Reform

 

Center for Individual Freedom Secures Free Speech Victory in Pennsylvania

Read More

 

AJP State Partner Briefing for CEOs

Latest Analysis from Texas, Illinois, Oklahoma and Florida

 

2007 State Tort Law Profiles Updated!

AJP's profiles of the tort laws in 19 states have been updated by Shook, Hardy & Bacon.

View Profiles

 

John Stossel Interviews Steve Hantler on National Radio

 

CBS Evening News Highlights Medical Liability Crisis in PA

Click Here for Video

 

AJP Exclusive Interview!

Finding Solutions for Health Care in the Courts

Philip Howard

Common Good

 

Employees in Pennsylvania? Listen to this!

 

AJP Special Alerts

Click on title

AJP State Partner Briefing for CEOs


PRI's "Jackpot Justice" Featured on CNBC's "On the Money" With Tyler Matheson


Washington Legal Foundation Reviews Effort to Include Medical Monitoring In Torts Restatement


Bipartisan Bills Introduced In Congress To Enable Funding Of Special Health Courts


MS Legal Reform Helps to Attract New Toyota Investment

 

Timely Comments on Lawsuit Abuse

by

Steve Hantler

Click to Read!

 

 

Buy This Book!

Remove Child Before Folding

Read More Here

 

 Legal Reform Partners and Resources

Alabama Voters Against Lawsuit Abuse

American Enterprise Institute Liability Project

American Legislative Exchange Council

American Tort Reform Association

American Association of Managing General Agents

Associated Industries of Florida

Association of Washington Business

Association of Commerce & Industry of New Mexico

Business Council of Alabama

California Technology and Manufacturers Association

Center for Individual Freedom

Center for Legal Policy, The Manhattan Institute

Central California Citizens Against Lawsuit Abuse

Citizens Against Lawsuit Abuse of Houston

Civil Justice Association of California

Class Action Watch

Colorado Association of Commerce and Industry

Colorado Civil Justice League

Competitive Enterprise Institute

Council for Citizens Against Government Waste

Doctors for Medical Liability Reform

Federalist Society

Florida Chamber of Commerce

Florida Coalition for Legal Reform

Florida Justice Reform Institute

Georgia Chamber

Heritage Foundation

Illinois Civil Justice League

Illinois Chamber of Commerce

Illinois Manufacturer's Association

Iowa Association of Business and Industry

Kansas Chamber of Commerce

Lawsuit Abuse Reform Coalition

Lawyers for Civil Justice

Point of Law, The Manhattan Institute

Manufacturers Alliance/MAPI

Michigan Chamber of Commerce

Michigan Lawsuit Abuse Watch

Michigan Manufacturers Association

Mississippi Economic Council

Mississippians for Economic Progress

Missouri Chamber of Commerce

Montana Chamber of Commerce

National Association of Manufacturers Fair Litigation Action Group

 New Mexico Alliance for Legal Reform

North Carolina Chamber

Ohio Business for Legal Reform

Ohio Chamber of Commerce

Ohio Citizens Against Lawsuit Abuse

Ohio Manufacturers Association

Oklahoma State Chamber of Commerce

Overlawyered.com

Pacific Research Institute

Politically Active Physicians Association

San Diego Citizens Against Lawsuit Abuse

Silicon Valley Citizens Against Lawsuit Abuse

South Carolina Chamber of Commerce

South Carolina Civil Justice Coalition

Southeastern Legal Foundation

Texas Civil Justice League

Washington Legal Foundation

West Virginia Chamber of Commerce

Wisconsin Manufacturers & Commerce

 

 

 

Kristyn Shayon

Director, Communications

American Justice Partnership

770.972.3266

KShayon@lawexec.com