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 American Tort Reform Foundation (ATR) published its 2021-2022 Judicial Hellholes Executive Summary. The report highlights the most prominent jurisdictions across the United States known for allowing innovate lawsuits, welcoming litigation tourism, and expanding civil liability.
The ATR’s top judicial hellholes are:
(1) California. “The Golden State” is back in the No. 1 Judicial Hellhole spot due to appellate courts holding e-commerce companies strictly liable for products sold on their sites, “baseless” Prop-65 lawsuits, “frivolous” Private Attorney General Act (PAGA) and American with Disabilities Act (ADA) claims, and the AG promoting an “expansive view” of public nuisance law.
(2) New York. “The Empire State” is right behind California for having one of the worst legal climates in the nation. The ATR notes this is due to New York’s unmatched number of “no-injury” class actions, ADA lawsuits, and immense asbestos litigation docket.