ATRA’s Legislative “Victories” Were Solutions to Problems That Don’t Exist
June 30, 2015
Charleston, W.Va. – The West Virginia Association for Justice issued the following statement in response to the American Tort Reform Association’s 2015 Legislative Enactments Brief and ongoing unwarranted attack on West Virginia’s civil justice system:
“For more than a decade, the American Tort Reform Association has unjustifiably attacked West Virginia and hurt its reputation in state and national media. The so-called ‘crisis’ in our civil justice system does not exist, and our courts have not hurt the state’s ability to grow its economy,” said Beth White, executive director of the West Virginia Association for Justice.
“When you look at facts instead of ATRA propaganda, you see that West Virginia ranks 39th among states in the number of civil lawsuits filed based on population. You see that civil case filings are declining. You see that the number of appeals to the West Virginia Supreme Court are at a 29-year low. More than $20 billion in new business investments have been made in the state in the last decade, and the federal Bureau of Economic Analysis stated that we had one of the fastest growing economies in the country last year. Those facts don’t point to problems with either our courts or our economy. If anything has damaged our ability to bring new businesses and good paying jobs to this state, it has been ATRA itself and its baseless attacks.”
In his 2015 State of the State address, Gov. Earl Ray Tomblin criticized ATRA’s ongoing attacks on the state, saying, “I resent those who irresponsibly label us a judicial hellhole. Unreasonable and irrational labels drummed up by out-of-state interests do not help our efforts to engage potential investors and strengthen our economy.”
“Now ATRA is trumpeting legislation passed this year as great solutions for problems that don’t exist. The truth is these new laws will do nothing to improve our state’s economy. Instead, they limit our 7th Amendment right to trial by jury. They limit the ability to hold wrongdoers accountable when they harm West Virginia consumers, workers and small businesses. They shift the financial obligations from those responsible onto taxpayers—and for what? It was done so corporate special interests funding ATRA can increase their corporate profits at our expense. It’s wrong,” said White.
The American Tort Reform Association (ATRA) was founded in 1986. While it claims to have “135,000 grassroots supporters” and that its membership is diverse and includes “nonprofits, small and large companies, as well as state and national trade, business and professional associations, the truth is the members are largely Fortune 500 companies with direct financial stake in restricting lawsuits” including “the tobacco, insurance, chemical, auto and pharmaceutical industries.” (Center for Justice and Democracy)
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