ATRA CALLS R.I.'S HIGH COURT RULING AGAINST 'FORUM SHOPPING' A VICTORY FOR TAXPAYERS, JURORS

Urges Comparable Reversal in Lead Paint Case to Be Heard Next Week

Washington, DC, May 09, 2008 -- American Tort Reform Association president Tiger Joyce today called the Rhode Island Supreme Court decision in Kedy v. A.W. Chesterton Co. “a victory for Ocean State taxpayers and citizens called to jury duty.”

At issue were asbestos liability lawsuits filed by 39 Canadian residents in Rhode Island. All of the alleged injuries and subsequent medical treatments occurred in Canada; none of the defendant companies is headquartered in Rhode Island; and none of the plaintiffs’ witnesses resides in Rhode Island.

But the trial judge nonetheless denied defendants’ motions of forum non conveniens, which essentially argued that the litigation had no connection to Rhode Island and therefore should be tried in a more appropriate jurisdiction.

Today, the state’s high court agreed with the defendants, vacating the trial judge’s decision and joining “46 of our sister states and the federal courts by formally recognizing the [common law] doctrine of forum non conveniens.”

Joyce explained that ATRA had joined in filing an amicus brief with Rhode Island’s high court in this case, certain that Canada’s courts are perfectly capable of providing justice for its residents. “If plaintiffs are not required to demonstrate a nexus between the facts of a given case and the jurisdiction in which they are attempting to have that case tried,” he said, “plaintiffs’ attorneys would be further encouraged to engage in ‘forum shopping’” − the quest for friendlier judges, more room for legal maneuvering and the highest potential payouts.

“When personal injury lawyers looking to maximize their profits engage in forum shopping,” Joyce continued, “taxpayers and citizens in targeted jurisdictions pay the price. Court resources are expended on cases with no connection to local taxpayers, and jurors’ are similarly forced to commit their valuable time − sometimes weeks or months − for complicated civil trials that also delay cases that should be heard in those jurisdictions.

“Today’s supreme court ruling is a solid step toward keeping Rhode Island from becoming known as a ‘judicial hellhole,’” Joyce added, referring to his organization’s annual Judicial Hellholes report that identifies some of the most unfair civil court jurisdictions in the nation. “If the high court wants to keep the Ocean State moving in the right direction, it will also reverse lower courts in the controversial ‘lead paint as a public nuisance’ case after it hears arguments next week,” he concluded.

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The American Tort Reform Association (ATRA) is the only national organization dedicated exclusively to tort and liability reform through public education and the enactment of legislation. ATRA's membership includes non profits, small and large companies, as well as state and national trade, business, and professional associations.