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December 15, 2009

Welcome to the Judicial Hellholes

With a name like "Judicial Hellholes," there's no doubting where this latest report from the American Tort Reform Association is coming from. And just in case that's too subtle, the authors embellish the text with a cover showing a judge ruling from a fiery pit.

In the words of the tort reform association: "Judicial Hellholes are places where judges systematically apply laws and court procedures in an inequitable manner, generally against defendants in civil lawsuits."

Coming next: Judicial ****heads," "Judicial Mother*******" and "******* Judicial ****faces":

So this report has a point of view, which may not be for everyone. Still, the 64-page review focusing in particular on six jurisdictions -- from Cook County to West Viriginia -- has some interesting data to accompany the parade of horribles.

The report starts off with cases of the can-you-believe-this variety: a Cook County lawsuit that a dolphin splashed water on spectators, a New Jersey lawsuit that restaurants fraudulently fail to notify customers about sodium content, the proliferation of slip-and-fall lawsuits in Florida.

Oh, those wacky trial lawyers!

But to its credit, the report digs deeper into each of these jurisdictions and provides some meaty, albeit slanted, material. It has effective explanations, for instance, about the doctrines and rulings that have made particular jurisdictions attractive to plaintiff's attorneys. So it's worth a look, and not just by those looking to buttress positions they already hold.

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August West

How about the 2d District Court of Appeals in west central Florida? They ruled that banks do not have to show they own the mortgage to foreclose on a home.

What's the position of the insurance lobby (d/b/a American Tort "Reform" Assn) on this abuse of judicial power?

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mike

"Suits & Sentences" is a legal affairs blog written by Michael Doyle, a reporter for McClatchy's Washington Bureau. He was a Knight Journalism Fellow at Yale Law School, where he earned a Master of Studies in Law; he also earned a Masters in Government from The Johns Hopkins University with a thesis on the Freedom of Information Act. He teaches journalism as an adjunct instructor at The George Washington University's School of Media and Public Affairs.

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