|
Washington
D.C., August 9, 2005—A
new report released today details why Jefferson County,
Texas—the only Texas jurisdiction to receive the “Judicial
Hellhole” designation for three years in a row—has been a magnet
for speculative litigation. More personal injury lawsuits are
filed in Jefferson County, per capita, than any other large
county in Texas.
“Jefferson County’s
history for welcoming lawsuit abuse in its courtrooms has
attracted speculative litigation to this jurisdiction which has
become known as one of the most plaintiff-friendly forums in the
United States,” said
Sherman Joyce,
President of the
American Tort Reform
Association (ATRA). “Litigation tourists, guided
by their personal injury lawyer travel agents, file their cases
in Judicial Hellholes like Jefferson County because they know
they can circumvent the law and receive a favorable award or
precedent, or both.”
The report, “The
Making of a Judicial Hellhole: A Case Study of Jefferson County,
Texas” focuses on the types of cases filed in the courts,
and why the county remains a favored forum for personal injury
lawyers. In all three editions of the Judicial Hellholes
reports, Jefferson County consistently has ranked among the
worst jurisdictions in the United States – a reputation that has
harmful consequences for its residents.
“For years, Beaumont
has not been an attractive area for businesses to set up shop,
partly because of its plaintiff-friendly courts,” said Joyce.
“The median household income in Jefferson County lags behind the
statewide average, and the unemployment rate in the
Beaumont-Port Arthur area is higher than the statewide rate.”
Report highlights
also include:
-
·
An
analysis on the abuses associated with asbestos litigation;
-
·
A
discussion on a $1 billion award upheld by a judge in a
diet-drug litigation case – a blatant deviation from
established Texas law; and
-
·
An
examination of the impact legal reforms have had on the
courts of Jefferson County.
The study focuses on
the civil filing data in Texas’ Office of Court Administration,
civil filing data in the Jefferson County District Clerk’s Civil
Index, and every civil lawsuit filed in Jefferson County between
September 1, 2002, and August 31, 2003.
“The results cited in
this report are compelling. Despite significant legal reforms
passed by the Texas Legislature over the past couple of years,
personal injury lawyers continue to circumvent the laws before
judges that should be applying the law fairly to all litigants.
Until judges adhere to the law, Jefferson County will continue
to be a Judicial Hellhole,” concluded Joyce.
View Report(pdf)
|
