Title: Judicial Hellholes, Lawsuit Climates and Bad Social Science: Lessons from West Virginia
Abstract: I. BACKGROUND: THE CAMPAIGN TO PROMOTE TORT “REFORM” 4 II. THE HELLHOLE CAMPAIGN AND THE “LAWSUIT CLIMATE REPORT” .....7 III. WEST VIRGINIA 11 A. Background 11 B. Recurring Issues 13 1. Medical Monitoring 13 2. Choice of Forum 21 3. Joining Claims and Parties 24 C. Smoke and Mirrors: The Marketing of Anecdotes 26 1. Treating Opinions As Facts 26 2. Giving the Wrong Impression: Former Justice Richard Neely 30 3. Mis-Stating the Issues: Cocaine and the Company Safety Director 31 4. Leaving Out the Bad Facts: Defense Stripping and Punitive Damages 32 IV. WEST VIRGINIA BY THE NUMBERS 35 V. CONCLUSION: WHAT’S A STATE TO DO? 38
Publication Year: 2008
Publication Date: 2008-01-01
Language: en
Type: article
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Cited By Count: 1
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