Study Finds Pennsylvania's "Tort Reform" falls short Reports LimitedTortLawyer.com
Despite 2011 law, state ranks among lowest in U.S. for litigation climate.
- (1888PressRelease) September 22, 2012 - San Francisco, CA - Although Pennsylvania Republican leaders often take credit for "tort reform," a recent study has found that the changes may not have gone far enough. A survey by the U.S. Chamber of Commerce's Institute of Legal Reform ranked Pennsylvania 40th of the 50 states for litigation climate.
GOP leaders claim tort reform as a major legislative accomplishment. The Fair Share Act, which traded joint for several liability, became law in 2011 with support of businesses. But the survey of 1,125 general counsels, senior litigators and executives this year downgraded Pennsylvania by six ranks, to 40th from 34th in 2010.
A Chamber analysis found the state's courts were the fifth worst in the country, and one institute official said Philadelphia's biggest problem was suits brought by plaintiffs from out of state.
"It's a general principle of the civil justice system that cases should be tried in the jurisdiction where the injury occurred or where the plaintiff or defendant resides," writes Lisa Rickard, of the institute. "Yet in today's Philadelphia courts, lawsuits are routinely filed by plaintiffs who have little or no connection to the city against defendants with only a tangential presence."
Opponents of tort reform, however, say that complicated litigation is better handled in large city courts. These critics argue that plaintiffs do not have the time or resources for long court battles and that venue reform encourages them to settle for less than they deserve.
But advocates of tort reform are not resting on their laurels. Republican state Rep. Stephen Bloom has co-sponsored several bills in the state House, including two that would halt what he calls "venue shopping." He argues that defendants are unfairly taken to court in jurisdictions, such as Philadelphia, that are not related to the claims.
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