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COVID liability, focus on personal injury law drop St. Louis to seventh on “Judicial Hellholes” list – The Center Square

January 14, 2022 by Injury Law

(The Center Square)– The City of St. Louis dropped from 5th to seventh in the 20th annual list of “Judicial Hellholes” published by the American Tort Reform Structure (ATRF).

St. Louis was rated seventh on ATRF’s list of eight states and cities with “extreme litigation effects,” according to a press release. The report called St. Louis a perennial “Judicial Hellhole,” however development was made through state legislative reforms.

“However while the legislature has focused on civil justice reform, there is more work to be done,” the ATRF report states. “The future success is contingent on the St. Louis court’s appropriate application of new statutes. Some St. Louis judges have a history of ignoring state law and U.S. Supreme Court precedent relating to professional evidence standards, personal jurisdiction and venue, and damage awards.”

The leader of the Missouri Association of Trial Attorneys (MATA) and the American Association for Justice (AAJ) were critical of the list and the ATRF.

“This organization does not care about the little guys,” Ken Barnes, president of MATA, informed The Center Square. “When you take a look at this company, all they appreciate is corporate revenues, pure and simple. They put profits over individuals and this is a prime example of that.”

“It is difficult to envision that for 20 years, corporations that produce dangerous products, abuse workers, or otherwise want to prevent responsibility for their misbehavior have actually been paying ATRA to release this fish wrapper,” Peter Knudsen, communications director for AAJ, stated in a declaration. “All Americans benefit when we have a strong court system where everybody has a fair chance to look for justice. We look forward to defending another twenty years, and beyond, against corporate interests like ATRA that look for to weaken the courts and tilt the scales in their favor.”

In a rundown with reporters, Tiger Joyce, ATRF president, applauded the efforts of Missouri Republican politician Gov. Mike Parson for judicial reform efforts, but said more work requires to be done. Joyce said Missouri and other states need to work for “innovator liability” and be aware of “restatements of law” promoted by the American Law Institute (ALI).

“Innovator liability will need liability be imposed on a manufacturer that does not in fact make a product,” Joyce stated. “This emerges frequently in the pharmaceutical market, however it’s a concern that might develop in several contexts.”

Joyce said ALI is focused on reducing arbitration to settle agreement disagreements between customers and companies.

“Proposed restatement of customer contracts, which looks to eliminate or substantially cut arbitration, is an effort to get rid of or dramatically modify routine customer agreements,” Joyce stated. “This will give a judge a brand-new and supervisory kind of function in a great deal of cases. In the purchase of an automobile, it might change the lease or financing terms for regular monthly payments.”

The report applauded Senate Bill 51, signed into law in July by Gov. Parson, to restrict the liability for COVID-19 direct exposures in organization and health care. It likewise motivated ongoing work on personal injury legislation to reduce the amount of time to file a claim from five to two years from the date of injury.ATRF price quotes claim abuse results in$160 billion in extreme tort costs, balancing$488 per American.Barnes stressed Americans need to rely on the Seventh Modification in the U.S. Constitution when analyzing the judicial system.”Everyone have a right to hold corporations equally accountable to individuals and a jury trial is an essential constitutional right,”Barnes stated. “Yet, corporations are trying to remove that. What’s their motivation? They want to conserve money and make more revenue. So they’re going to produce this propaganda in an effort to shape legislation.”Barnes said tort reform is a type of “big government” intervening in the judicial system.” It is the antithesis of the civil liberties that all of us ought to take pleasure in,”Barnes stated.”It’s the reverse of what the Republican Celebration, for instance, ought to represent which is a free-market society. That’s what a jury trial of peers gets to determine– who’s right, who’s wrong and what’s fair.”

Source: https://www.thecentersquare.com/missouri/covid-liability-focus-on-personal-injury-law-drop-st-louis-to-seventh-on-judicial-hellholes/article_d8052e4c-5de3-11ec-9d1d-6f2db2f1443b.html

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