Released yearly in December, the American Tort Reform (ATR) Foundation publishes its annual “Judicial Hellhole” rankings for the upcoming year. The Hellholes represent the worst of the worst jurisdictions to defend tort lawsuits in the United States. The 2024-2025 Judicial Hellhole rankings crown a new #1 Judicial Hellhole (thanks in large part to a 10-figure nuclear verdict that sealed the crown) and also welcome a new member (King County, Washington) to the ranks.
The ATR Rankings call attention to a few jurisdictional characteristics and statistics that demonstrate why these are indeed the worst of the worst places for tort defendants to litigate.
- Philadelphia Court of Common Pleas and Pennsylvania Supreme Court
The City of Brotherly Love wasn’t particularly kind to defendants this year and saw a rise in 7-figure nuclear verdicts. In 2023, 11.5% of civil jury verdicts exceeded the $1 million mark, and 3.2% exceeded the $10 million mark. Plaintiffs also reportedly win more than 50% of their cases that go to verdict, up from 40% before the Covid-19 Pandemic. The Philadelphia Court of Common Pleas also hit the milestone of having its first 10-figure verdict ($1.009 billion with interest and additional “delay damages”) in April 2024. The damages were awarded after less than 30 minutes of deliberation by the jury in a case that dealt with an allegedly faulty seatbelt in a 30-year-old vehicle.
- New York City, New York
For the last 9 years, the Big Apple has cemented its place in the #2 – 4 range of the Hellhole Rankings. This year, thanks to New York’s “Scaffold Law,” NYC maintains the #2 spot. The Scaffold Law, although not new, imposes strict liability for gravity related accidents (i.e., falling from a height) and has been the target of abuse by Plaintiff’s Firms for decades. In addition to Scaffold Law abuses, NYC businesses also see themselves targeted in commercial vehicle accident cases and fraudulent slip and fall cases.
- South Carolina Asbestos Litigation
Asbestos Litigation in South Carolina is on the rise, moving from the watchlist in 2019 all the way to the #3 spot in 2025. South Carolina asbestos claims have more than doubled between 2019 and 2025, representing one of the largest increases in the county.
- Georgia
Over the last decade, the Peach State has also seen a rise in the rankings that coincides with a rise in nuclear verdicts. In 2016, Georgia entered onto the Hellhole Watchlist, rose to #1 in 2023 and 2024, before dropping to #4 for 2025. Although verdicts remain on the rise, Governor Brian Kemp has declared that in 2025 his administration will focus on lawsuit abuse by enacting legislation to address the rapidly rising insurance costs in the state. This legislation may result in eliminating the “seatbelt gag rule” which forbids defendants from introducing evidence that an accident victim was not wearing a seatbelt at the time of a crash.
- California
The Golden State, although #5 in the rankings, takes the crown of the top producer of nuclear verdicts in the United States. From 2013 – 2022 California juries handed out more than $9 billion in damages, predominately in auto accident and product liability cases. California courts also represent a proving ground for plaintiff trial lawyers to pursue new and innovative theories of liability. For example, a California Court of Appeal recently imposed a “duty to innovate” in product liability cases, which requires that a company must research and develop new, safer products, even if there is nothing wrong with the current product.
- Cook County, Illinois
Cook County is a stalwart on the Hellhole rankings, maintaining a spot between #8 and #2 since 2016. In the 2022 Illinois Court Annual Report it is noted that a whopping 54,544 new civil cases were filed in Cook County in 2022 alone—amounting to 91% of civil cases state-wide. Cook County maintains its ranking this year with the help of the number of new filings, along with the proliferation of ‘no injury lawsuits’ such as those arising under the consumer protection laws or the Illinois Biometric Information Privacy Act.
- St. Louis, Missouri
According to Bloomberg, St. Louis has developed a reputation for “fast trials, favorable rulings, and big awards.” St. Louis is a favorite for out-of-state tortfeasors to file lawsuits due in large part to these circumstances. A nuclear verdict of $462 million in September 2024 involved a car that rear ended a tractor trailer and slid underneath, killing both occupants. The verdict was handed down after the judge in the case refused to allow the jury to hear evidence that the occupants were not wearing seat belts at the time of the collision, and that the rear guard on the tractor trailer was compliant with all federal regulatory standards. St. Louis is also a favorite venue for asbestos litigation, further solidifying its place in the top 10 Hellholes.
- The Michigan Supreme Court
2025 is the second year in a row on the Hellhole rankings for Michigan. This is in part due to a liberal amendment to Rule 702, allowing experts with questionable methods to testify at trial. In addition, the Michigan Supreme Court has effectively expanded the scope of premises liability in slip and fall cases and created a “public policy cause of action” in wrongful termination lawsuits.
- King County, Washington
Appearing for the first time on the Hellhole rankings is King County (Seattle), Washington. Washington ranks third in per capita nuclear verdicts and has seen recent trials dealing with polychlorinated biphenyls (PCB) exposure – a chemical that allegedly leaks from aging fluorescent lights – amount to over $1.7 billion in combined damages. Additional rulings permitting questionable expert witnesses and plaintiff-friendly choice of law rulings help to solidify King County’s place in the top 10.
- Louisiana
Although Louisiana’s rank has fallen over the years since 2016, the Bayou State remains in the top 10 thanks in large part to a disproportionate share of nuclear verdicts. In addition, the state’s reputation as a hotbed for coastal litigation related to environmental damage and high auto insurance premiums due to staged accidents represent additional areas for litigation abuse.
The ATR also provided a “dishonorable mention” to Texas’ Court of Appeals for the Fifth District—which saw three recent decisions overturned by the Texas Supreme Court after the Court of Appeals attempted to expand potential premises liabilities.
Also making the dishonorable mention list is the Maryland Supreme Court, the state of Tennessee, and 3 Illinois counties. See the full ATR Judicial Hellhole report here: https://www.judicialhellholes.org/reports/2024-2025/2024-2025-executive-summary/