Category Archives: Tort Reform & Legal Climate

ICYMI: ATRA Releases 2017-2018 “Judicial Hellholes”

Earlier this month the American Tort Reform Association released the 2017-2018 Judicial Hellholes Report, which shines a light on jurisdictions that have cultivated a reputation as unfair and unbalanced in civil legal proceedings. Whether much of an area’s legal climate is stymied by litigation tourism or asbestos lawsuits, there is one detriment each has in common – courts determined to…

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NC Company’s Bankruptcy Shows Need for Legal Reform

Last month, Bestwall LLC, a Georgia-Pacific affiliate, filed for bankruptcy to establish a trust to resolve current and future asbestos lawsuits. This, after spending approximately $2.9 billion fighting more than 430,000 lawsuits over the course of the last 40 years. While the company accounted for less than 1% of the total asbestos used in more than 3,000 asbestos-containing products manufactured…

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Personal Injury Attorneys Eye Latest Prize: Hurricane Damage

Personal injury attorneys seldom miss an opportunity to make a buck. From workers’ compensation reform to nuisance lawsuits to asbestos bankruptcy trusts, North Carolina knows well the lengths personal injury attorneys will go to line their pockets. Now Floridians are learning similar lessons, as personal injury attorneys set their sights on their next conquest – capitalizing on hurricane damage. A…

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NC’s Legal Climate Takes a Hit in Recent Ranking

From 7th to 33rd in the nation, North Carolina’s legal climate fell 26 spots in the U.S. Chamber Institute for Legal Reform’s 2017 Lawsuit Climate Survey ranking, marking North Carolina’s lowest ranking since 2002. In addition to the drop in North Carolina’s overall ranking, the state’s ratings on all key legal elements evaluated by the ranking also fell. Those elements…

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New CFPB Rule Makes Personal Injury Attorneys the Real Winners

Personal injury lawyers stand to be the real winners of the Consumer Financial Protection Bureau’s (CFPB) new rule that prohibits companies from using mandatory arbitration clauses in their contracts. While the CFPB claims this anti-arbitration rule was set to protect consumers, the reality is the rule will benefit personal injury attorneys hell-bent on making a buck through class action lawsuits.…

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Bad Acting Personal Injury Lawyers Must be Stopped

For far too long, bad acting personal injury lawyers have abused our legal system, taking advantage of vulnerabilities through unethical legal practices. Specifically related to asbestos bankruptcy trust claims, these personal injury attorneys have hidden evidence of exposure in order to “double dip” damages and line their pockets. Phil Goldberg, director of the Progressive Policy Institute’s Center for Civil Justice,…

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Workers’ Compensation Reforms Saved!

After a recent ruling from the North Carolina Supreme Court threatened to decimate the workers’ compensation reforms of 2011, the aligned business community immediately got to work to save the reforms. Thanks to swift and hard fought advocacy efforts, the North Carolina General Assembly unanimously passed legislation clarifying the reforms passed in 2011. This action created a legislative fix to…

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Time is Running Out to Stop Plaintiff Attorneys from Gaming NC’s Legal System

We’re racing against the clock to move legislation that would stop bad acting plaintiff attorneys from gaming our legal system when filing bankruptcy trust claims. While the Senate has already passed Senate Bill 470: Personal Injury Bankruptcy Trust Claims, the House has yet to act on the legislation. For far too long, these plaintiff attorneys have taken advantage of vulnerabilities…

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Saving Workers’ Compensation Reforms from Decimation

Courtesy of a recent North Carolina Supreme Court ruling, the workers’ compensation reforms achieved in 2011 are on the verge of total decimation. In a major blow to North Carolina’s business community, the state Supreme Court unraveled the balanced reforms with the most dramatic changes to workers’ compensation since the 1980’s. The consequences of this decision are steep as it…

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NC House Must Take Action to Stop Bad Acting Plaintiff Attorneys from Gaming NC’s Legal System

For far too long, bad acting plaintiff attorneys have taken advantage of vulnerabilities in North Carolina’s legal system when filing bankruptcy trust claims. In an effort to manipulate damages, plaintiff attorneys have flagrantly exploited the state’s legal system through unethical legal practices including hiding evidence of exposure and “double dipping” damages. This egregious abuse must end and it is incumbent…

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