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December 13, 2006

And the winners are...

So I was wrong about Marshall, Texas, sort of....

Today the American Tort Reform Association released its 2005 Judicial Hellholes report, identifying the jurisdictions it finds the most unfair towards defendants. The list hasn't changed much from previous years, although Mississippi now doesn't land there. West Virginia, though, still ranks high. I don't know why I'm even giving the report any ink, as it's not based on much science. There is always a nice correlation, though, between jurisdictions that have seen big tobacco cases and the alleged "hellholes," such as south Florida and Southern Illinois, which are in the top five. The tobacco industry, which has given ATRA millions of dollars over the years, is clearly getting its money's worth.

Meanwhile, thanks to those who have suggested nominations for "plaintiff's heckholes." Some serious contenders, along with my nomination of one-third of Pennsylvania, are:

The entire state of Michigan, where one commenter says that "the "open and obvious" defense was successfully used to explain why a blind person should not recover for slip and fall injuries suffered from water on the floor of a public restroom."

Wyoming, where another commenter says 45 of the past 46 medical malpractice trials have resulted in verdicts for doctors.

I love these sorts of stories, so please keep them coming!

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