In what’s become an unfortunate annual event for our state, West Virginia has once again made the American Tort Reform Foundation’s list of “Judicial Hellholes.”

West Virginia has appeared on the “Judicial Hellholes” list every year now since its inception in 2002 – a ranking which is based in large part on the core problems that still exist in our state’s legal system: a lack of full meaningful appellate review, liability rules outside the legal mainstream, and excessive awards.  West Virginia is listed as the No. 3 “Judicial Hellhole” in the nation for the second straight year.

The American Tort Reform Foundation specifically writes of West Virginia:

While there are occasional sparks of hope that West Virginia will overcome its reputation as a Judicial Hellhole, in many ways, each year seems like déjà vu: stunning verdicts, a lack of

appellate due process, an attorney general’s office that is almost indistinguishable from a private personal injury law firm, law that is out of the mainstream, and frivolous or fraudulent claims.

 

A review of the past year again shows each of these elements.

The latest “Judicial Hellholes” report isn’t all doom and gloom for the Mountain State, as the American Tort Reform Foundation continues to acknowledge that our state has taken positive steps. As a result of several “well-reasoned decisions” from our state Supreme Court, West Virginia makes the report’s “Points of Light” section for the third straight year.

But the recent actions of the West Virginia Legislature raise questions as to whether our state is heading in the right direction on legal reform. Continued inaction will only cause our state to fall further behind, as many states are working to pass meaningful legal reform measures.