Navigating the Most Litigious U.S. Venues

In an article published online in the ACC Docket, Nicholas Panayotopoulos and Anna Idelevich join with Trevor Newberry of PruittHealth to analyze the most litigious U.S. venues and provide advice for corporate counsel to navigate these jurisdictions effectively. 

Famously dubbed “Judicial Hellholes” by the American Tort Reform Foundation, these inhospitable jurisdictions are known as the most dangerous venues for corporate defendants. 

“There are significant variations in the legal climate and litigiousness within the 50 states,” the authors explain. “It is not surprising that 89 percent of senior lawyers and executives at companies with at least US$100 million in annual revenue feel that the litigation climate of a state is likely to impact important business decisions, such as where to expand or constrict business.” 

Panaytopoulos, Idelevich and Newberry go into detail about the top 10 Judicial Hellholes of 2019-2020, examining the reasoning behind each venue’s ranking. From No. 1 Philadelphia Court of Common Pleas to No. 10 New Jersey, each jurisdiction hosted a wave of litigation that landed it on this year’s list. 

The authors then offer advice to corporate counsel who find themselves in a legal landmine. 

“For better or worse, knowing your jurisdiction and understanding how to navigate the unique challenges of a Judicial Hellhole venue is crucial for successfully resolving a case,” they conclude. “We believe it is prudent, and potentially a tremendous cost-saver, to consider these issues before you are served with a complaint in a bad venue, or even immediately thereafter.”

Click here for the full article.