Pennsylvania courts have risen to the top of the American Tort Reform Foundation’s Judicial Hellholes^® list, which ranks jurisdictions where civil justice is perceived to be seriously imbalanced.

The annual rankings reflect feedback gathered from ATRA members and other firsthand sources. And because the program has become widely known, ATRA said it also continually receives tips and additional information, which is then researched independently through publicly available court documents, judicial branch statistics, press accounts, scholarship and studies.

“Importantly, jurisdictions singled out by Judicial Hellholes^® reporting are not the only Judicial Hellholes^® in the United States; they are simply among the worst,” ATRA noted in its report. “The goal of the program is to shine a light on imbalances in the courts and thereby encourage positive changes by the judges themselves and, when needed, through legislative action or popular referenda.”

Top Judicial Hellholes for 2024-2025:

No. 1: The Philadelphia Court of Common Pleas and the Supreme Court of Pennsylvania: These courts, which moved up from No. 2 in the 2023-24 ranking, are facing criticism for fostering an environment where nuclear verdicts have become commonplace. Novel theories of liability are flourishing in the City of Brotherly Love, with courts issuing nine-figure damage awards seemingly without thorough consideration. The situation is further complicated by recent decisions that could lead to duplicative damages in certain cases.

No. 2: New York City: The Big Apple’s legal landscape is grappling with what some are calling a “fraudemic” of lawsuit abuse, which moved New York City up from the fifth spot in last year’s ranking. The city has seen several high-profile RICO lawsuits filed against plaintiffs’ firms, highlighting concerns about legal practices. Unique state laws, such as the Scaffold Law and consumer protection act, are particularly susceptible to exploitation, with plaintiffs’ lawyers seizing opportunities to maximize financial gains.

No. 3: South Carolina asbestos litigation: South Carolina’s asbestos judge, Judge Jean Toal, has come under scrutiny due to perceived judicial bias against corporate defendants, moving the jurisdiction up from No. 6 a year ago. Critics point to rulings that result in unfair trials and severe verdicts as evidence of this trend. The judge’s willingness to impose sanctions, overturn jury verdicts in favor of plaintiffs and appoint receivers to maximize recoveries from insurers has raised eyebrows in legal circles, according to the report.

No. 4: Georgia’s civil justice system: Georgia is facing multiple challenges, with skyrocketing nuclear verdicts topping the list of concerns, but the stated dropped out of the top position it held in last year’s Judicial Hellhole^® rankings.

“The state’s fall from the top spot this year is due in part to the sheer volume of abuses occurring in other jurisdictions, but also due to a sense of optimism that 2025 may bring some much-needed legislative relief,” ATRA noted. “This renewed hope for reform is fueled by Governor Brian Kemp’s focus on addressing lawsuit abuse. He has positioned this issue as a top priority for his administration in 2025.”

Georgia is seeing a trend of inflated awards for medical costs and an expansion of premises liability. Legal experts also point to laws that seemingly set up defendants for failure, potentially creating endless liability. Adding to these issues is Georgia’s adherence to an outdated seatbelt gag rule, which prevents juries from considering whether a vehicle occupant was wearing a seatbelt at the time of a crash.

No. 5: California: The Golden State continues to be a focal point for innovative legal theories and expansive liability, though it fell one spot from fifth in last year’s ranking. The state leads the nation in nuclear verdicts, with plaintiffs’ attorneys pushing the boundaries of corporate accountability. California’s attorney general has spearheaded environmental litigation that some critics deem baseless. The state’s unique Lemon Law and prevalence of “no-injury” lawsuits under the Private Attorney General Act (PAGA) and Americans with Disabilities Act (ADA) create additional challenges for businesses operating in the Golden State.

No. 6: Cook County, Illinois: The county remains a hotbed of litigation activity, hosting a disproportionate share of the state’s lawsuits and nuclear verdicts. Although it fell three places from No. 3 a year ago, the county has seen a surge in no-injury litigation, particularly under the Biometric Information Privacy Act and consumer protection laws. Asbestos-related cases continue to flood Cook County courts, with local plaintiffs’ lawyers investing heavily in political campaigns to maintain the status quo.

No. 7: St. Louis, Missouri: Judges in St. Louis have gained global attention among plaintiffs’ attorneys for plaintiff-friendly rulings and acceptance of controversial scientific evidence, moving it up the rankings from No. 9 a year ago. The jurisdiction continues to attract asbestos lawsuits, cementing its reputation as a preferred venue for mass tort litigation. Despite these concerns, the Missouri legislature has yet to address the issues plaguing the state’s legal system.

No. 8: The Michigan Supreme Court: Michigan’s highest court has sent mixed signals regarding the admissibility of scientific evidence and has taken an expansive approach to premises liability. Lansing, home of the Michigan Supreme Court, ranked seventh last year, it’s first time on the list.

No. 9: King County, Washington: Courts in this county, which is new to the rankings, have drawn criticism for allowing unfair consolidated trials, admitting questionable scientific evidence, and substituting laws from other states when favorable to plaintiffs.

No. 10: Louisiana: Nuclear verdicts plague the state’s civil justice system, bringing it in line with other Judicial Hellholes^®. This year, an auto accident case in a Louisiana case resulted in a $220 million verdict. Meanwhile, the Louisiana Supreme Court caved to political pressure from the plaintiffs’ bar and discarded established constitutional protections in favor of lawsuits. In Louisiana, coastal litigation has emerged as a perennial issue and major economic drain. These lawsuits, often targeting energy companies, are bogging down the state’s economy and deterring investment in crucial industries. The Pelican State ranked as No. 8 a year ago.

These emerging hotspots and recurring issues highlight the ongoing challenges in achieving a balanced civil justice system across various U.S. jurisdictions. As litigation trends evolve, businesses and legal observers continue to monitor these areas for potential reforms and shifts in judicial approach, ATRA recommends.

View the 2024/2025 ATRA report here. &