by Mary Ann Milbourn for the Orange County Register
(re-posted here without permission)
Orange County received special mention on the American Tort Reform Association’s ninth annual “Judicial Hellholes” list released today.
The association cited a class action lawsuit filed in Orange County Superior Court last August that claimed more than a dozen olive oil companies and distributors are selling products labeled extra virgin that aren’t extra virgin enough. The suit, filed by Santa Ana attorney Daniel J. Callahan of Callahan & Blaine, contends the companies committed fraud and misrepresentation by labeling and promoting their olive oil as more-expensive extra virgin, even though it did not meet international and USDA standards.
That case was one of several lawsuits and that helped make California No. 2 on the Judicial Hellhole list. The association called out Los Angeles and Humboldt counties in particular for this high verdict.
“California has a history of wacky consumer class actions that further encourage plaintiffs’ lawyers to seize on minor missteps as a means to lots of cash,” said the report. “And though state voters passed an initiative attempting to rein in this kind of litigation in 2004, it remains big business for certain California plaintiffs’ lawyers.”
As an example, the association noted a lawsuit that challenged Apple’s claim that reading on the iPad is like reading a book because the iPad automatically turns off when it’s in the sunlight and gets overheated. Books, the suit said, don’t turn off.
The Judicial Hellhole list highlights areas that have a reputation for uneven justice.
Philadelphia topped this year’s group for encouraging lawsuits and as well as its penchant for excessive verdicts.
“The judicial leadership is engaged in a campaign to draw in massive personal injury lawsuits from around the country, viewing the increase in lawsuits and out-of-town lawyers as a boost for the court’s revenues and the local restaurants and hotels,” said the report.
Top U.S. judicial hellholes
Rank Area
1 Philadelphia
2 California, particularly L.A. & Humboldt counties
3 West Virginia
4 South Florida
5 Cook County, Ill.
6 Clark County, Nev.
Victor Schwartz, the association’s general counsel, said the list is designed to draw attention to courts where it is difficult to get a fair trial.
“It’s not just because defendants lose — defendants lose all the time,” Schwartz said. “It’s about equal justice.”
The association noted that several areas that had been on the list before had made changes the improved the administration of justice.
Of particular note was legislation addressing several issues in Florida, changes by a West Virginia judge in handling asbestos litigation and a ruling by the Maryland Court of Appeal upholding the state’s statutory limit on subjective pain and suffering awards in person injury cases.
The American Association for Justice Communications, formerly known as the American Trial Lawyers Association, dismissed the report as simply a front for big business trying to prevent injured persons from having their day in court.
“Despite all the chemical companies and polluters behind this front group, it appears ATRA is going green – recycling the same junk report that has been debunked and ridiculed year after year,” said Ray De Lorenzi, director of the association. “It’s an early holiday token of thanks to its drug, tobacco and insurance industry funders and a ploy for these corporations to continue their negligent behavior and avoid accountability.”
Read the full Judicial Hellholes report HERE.
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