Pennsylvania & Philly Named Top ‘Judicial Hellholes®’

Pennsylvania & Philly Named Top ‘Judicial Hellholes®’ As Healthcare Crisis Looms”

Press Releases | December 10, 2024

Nuclear Verdicts® and Expansive Rulings Cost Every Pennsylvanian $1,431 Annually

The American Tort Reform Foundation named the Philadelphia Court of Common Pleas and the Pennsylvania Supreme Court the worst “Judicial Hellholes®” in the country in its annual report and rankings released today.

“Philadelphia courts are a hotbed for awarding multi-million-dollar — and now even multi-billion-dollar — nuclear verdicts®,” Tiger Joyce, American Tort Reform Association president said. “Meanwhile, the Pennsylvania Supreme Court is no help as the high court issues decisions that overtly favor plaintiffs, while expanding and creating novel theories of liability.”

Philadelphia’s Court of Common Pleas became home to the largest single-plaintiff Roundup® verdict in the nation this year after a jury awarded $2.25 billion in damages. A judge decreased the award to $404 million in June, which the plaintiff plans to appeal. In a separate Roundup® case in Philadelphia, another jury hit the defendant with a $78 million verdict.

In another case this year, Philadelphia’s Court of Common Pleas handed down an $815 million verdict against Exxon after a New York mechanic alleged his leukemia was caused by exposure to benzene. ATRF says the presiding judge inflamed the jury by discussing irrelevant issues and that post-trial, evidence of juror bias emerged. One juror said on social media that Exxon is responsible for climate change, is “objectively a villain,” and that they had a desire to “stick it to the man” by awarding the verdict. The judge refused to grant a new trial.

In addition to judges’ partiality, ATRF says these high-dollar, nuclear verdicts® also are fueled by judges’ lax gatekeeping and the state’s outdated standards for expert testimony.

“With each massive verdict, Philadelphia’s courts are putting out the signal for trial lawyers that they too might hit ‘jackpot justice’ in this Judicial Hellhole®,” Joyce said. “But these enormous awards don’t just hurt the perceived corporate deep pockets targeted by trial lawyers – they drive up costs for all Pennsylvanians and discourage businesses from operating in the state.”

Data shows that every Pennsylvanian pays an annual “tort tax” of more than $1,431, while more than 171,000 jobs are lost each year due to excessive tort costs.

ATRF’s report highlighted several other new issues plaguing both Philadelphia and Pennsylvania’s courts this year, including:

Medical Liability Crisis: Medical liability filings in Philadelphia surged after the Pennsylvania Supreme Court eliminated reasonable venue restrictions in 2022, with 43% of cases filed in Philadelphia between January 2023 and April 2024 arising from care provided elsewhere. ATRF notes that the increased liability risk could lead to a healthcare shortage, similar to the healthcare crisis Pennsylvania witnessed in the 2000s prior to the enactment of the venue rule.

Expansive Liability Rulings: Pennsylvania Supreme Court issues plaintiff-friendly decisions, including allowing duplicative damages in consumer protection cases and expanding product liability by barring evidence of industry standard compliance.

Trial Lawyer Influence: ATRF’s report highlights the trial bar’s heavy influence in Pennsylvania, including the 2.17 million local legal services ads Pennsylvanians were exposed to over an 18-month period. These ads cost $232 million. Trial lawyers also played in politics with $15.3 million in contributions to LawPAC, the state trial bar’s PAC, and the Committee for a Better Tomorrow, the Philadelphia Trial Lawyers’ Association’s PAC, since 2017. Some of the top recipients of trial bar PAC donations were judges, including the Top 2 recipients, each of whom received more than $1 million.

“These massive campaign contributions aren’t about ‘judicial fairness’ as some of their committee names might suggest — they’re about ensuring Pennsylvania’s courts remain a playground for lawsuit abuse,” Joyce said. “Trial lawyers are getting their way, too, with the Pennsylvania Supreme Court’s liability-expanding decisions that open the floodgates for even more excessive verdicts.”

Data additionally shows that reforming Pennsylvania’s civil justice system could boost the state’s economy by $18.57 billion. Lawmakers introduced a package of tort reform bills earlier this fall that ATRA encourages legislative leaders to prioritize.

“It’s not just about rankings – it’s about real people’s lives,” Joyce said. “The stakes are too high when the Judicial Hellhole® they’ve created is pushing healthcare workers to flee the state. It’s time for lawmakers, judges, and leaders across Pennsylvania to step up and rebalance this broken judicial system.”

The full Judicial Hellholes® report and 2024-2025 rankings are available at JudicialHellholes.org.