
PCCJR Update: December 10, 2024
"Grassroots Group Calls for “No” on Judicial Retention."
Pennsylvania’s notorious legal climate has once again led to the Commonwealth being ranked as the nation’s worst judicial hellhole. The American Tort Reform Foundation today released its 2024–2025 “Judicial Hellholes®” report, which identifies the nation’s most problematic courts. In this year’s report, the Philadelphia Court of Common Pleas and the Pennsylvania Supreme Court are in the top spot.
Among the issues that led to Pennsylvania’s distinctive ranking is an increase in nuclear verdicts – particularly out of the Philadelphia Court of Common Pleas which recently issued a $2.25 billion award verdict. Additional factors include the Supreme Court’s rescission of the medical liability venue rule which has led to a significant increase in med mal case filings in Philadelphia and the Pennsylvania Supreme Court’s trend of expanding liability through its rulings – including duplicative damages, expanded product liability, and the creation of novel theories of liability.
The negative impact of Pennsylvanian’s legal environment can be felt by taxpayers. In addition to driving up prices, data shows that residents pay an annual ‘tort tax’ of more than $1,431, while more than 171,000 jobs are lost annually as a result of excessive tort costs.
“Whether you call it a judicial hellhole or a plaintiff attorney’s paradise, Pennsylvania’s legal climate needs a reset,” said Curt Schroder, PCCJR’s Executive Director. “As we look towards a new legislative session, lawmakers must make lawsuit abuse reform a priority. It’s time to rebalance the scales of justice in the Commonwealth by passing Rep. Torren Ecker’s package of reforms to restore order and fairness in our courts.”
Grassroots Group Calls for “No” on Judicial Retention
With the results of the 2024 General Election finalized, focus is already on next year’s judicial elections. In 2025, there will be three Supreme Court Justices on the ballot for a retention vote – Christine Donohue, David N. Wecht, and Kevin Dougherty.
While judicial elections are often considered “off” election years with lower voter turnout, the impact of the election results are felt far and wide. Over the past several election cycles, the make-up of the court has shifted to a pro Plaintiffs bar majority. In that time, the Supreme Court’s rulings have consistently expanded liability throughout the state causing problems for employers and health care providers while landing Pennsylvania atop the Judicial Hellholes list. It was the Supreme Court that rescinded the medical malpractice venue rule – which has led to a big spike in med mal case filings in the Philadelphia Court of Common Pleas.
According to a report by the Delaware Valley Journal, at least one grassroots organization will urge voters to vote “no” on retention of Justices Donohue, Wecht, and Doughtery. While it is extremely rare for a judge to lose a retention vote in Pennsylvania, it is not unprecedented. In 2005, Justice Russel M. Nigro lost his retention bid. If voters choose not to retain a justice, it falls on the governor to appoint – and the Senate to confirm – a replacement. The replacement justice would serve until the next regularly scheduled judicial election.
PA Coalition for Civil Justice Reform | PO Box 653 | Harrisburg, PA 17108 US
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