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Since 2002, the American Tort Reform Foundation (ATRF) has been publishing its annual , spotlighting jurisdictions where civil court judges systematically apply laws and court procedures in an unfair manner, often discrediting defendants. The report aims to expose judicial imbalances that can affect the fairness of civil litigation, undermining the principles of impartiality and justice. By documenting these practices, the ATRF provides a critical resource for understanding systemic issues in specific courts across the United States.

The report

The Judicial Hellholes report is based on year-round monitoring conducted by the American Tort Reform Association (ATRA), supplemented by feedback from ATRA members and other firsthand sources. Published findings are intended to spark reform, encouraging judges to address these issues voluntarily or prompting legislative action where necessary. This initiative underscores the importance of transparency and accountability in maintaining trust in the legal system, highlighting the need for balanced court procedures to ensure fairness for all parties involved.

Arizona: A ray of light

It鈥檚 not all bad news. Not only did Arizona avoid the naughty list, but it was named a Ray of Light for its rules of evidence governing expert testimony to align with the amended Rule 702 of the Federal Rules of Evidence. 

The amendment addresses a common issue where courts had incorrectly assessed the reliability of an expert鈥檚 methods and data as a matter of weight for juries rather than a threshold question of admissibility. This misapplication often allowed unreliable or misleading testimony based on flawed data to reach juries, undermining the integrity of judicial outcomes.

鈥淸J]udicial gatekeeping is essential because just as jurors may be unable, due to lack of specialized knowledge, to evaluate meaningfully the reliability of scientific and other methods underlying expert opinion, jurors may also lack the specialized knowledge to determine whether the conclusions of an expert go beyond what the expert鈥檚 basis and methodology may reliably support,鈥� said Judge Denise Cote, U.S. District Court for the Southern District of New York.

The revised Rule 702 requires parties introducing expert testimony to prove to the judge that the testimony 鈥渕ore likely than not鈥� satisfies all the rule鈥檚 requirements before it can be admitted. Additionally, the rule emphasizes that experts cannot present claims unsupported by their basis and methodology. By reinforcing the judge’s role as a gatekeeper, the amendments aim to ensure that only reliable, scientifically sound testimony enters the courtroom, protecting the judicial process.

Civil justice environment critical to state鈥檚 competitive standing

鈥淎rizona has a long record of pursuing reforms that discourage frivolous litigation,鈥� said Courtney Coolidge, executive vice president of the Arizona 小红帽直播app of Commerce & Industry. 鈥淎rizona rightly has earned accolades for tort reform, which has positively contributed to the state鈥檚 economic success. Credit to lawmakers for ensuring we don鈥檛 earn the dubious distinction of landing on ATRA鈥檚 hellholes list.鈥�

On Coolidge鈥檚 to-do list is injecting greater transparency into third-party litigation funding.

鈥淲e鈥檒l continue to educate lawmakers from both parties about the ways outside funding distorts the civil justice system and encourages expensive, time-consuming litigation,鈥� Coolidge said.