Litigation about whether products were indeed "all natural" or falsely advertised as such kicked two Illinois metro-east counties up into the nation's 10 worst lawsuit centers for 2018. This week, the American Tort Reform Foundation released its annual Judicial Hellholes report and named Illinois' Madison and St. Clair Counties together as the Number 8 "Judicial Hellhole" in the U.S.
Madison and St. Clair Counties earned their way to the No. 8 spot due to frivolous “no-injury” consumer class actions, asbestos litigation and judges allowing forum shopping, the group says. "The two Illinois counties house a powerful trial bar and are notorious for their disproportionate volume of litigation and large verdicts," a press statement from ATRF announced. "Excessive tort costs in Illinois result in $4.5 billion in annual direct costs and 81,685 jobs lost annually, according to a recent study."
The large volume of litigation in these counties’ courts includes no-injury consumer class action lawsuits challenging how food is labeled and advertised, such as whether a product qualifies as “all natural.” St. Clair County has been a magnet for these lawsuits – the Nelson & Nelson law firm has filed 21 such cases asserting that products ranging from cake mix to barbeque sauce are not sufficiently natural.
The Nelson & Nelson law firm in St. Clair County leads the charge and has filed several “unnatural” class action lawsuits over the past few years. In one instance, the firm collected $245,000 and the class received nothing. As is most often the case, plaintiffs’ lawyers walk away with significant legal fees, while consumers receive nothing but higher prices and fewer choices.
This year, the firm filed multiple class action lawsuits on behalf of a St. Clair woman accusing manufacturers of false advertising. Since 2017, that individual has filed at least six false advertisement cases, including four in April and May of 2018 alone. In each of her lawsuits, the plaintiff alleges she was “injured” by paying higher prices for products than she claims they were worth.
The stakes are high for the trial lawyers who bring these suits. St. Clair County Circuit Court held 13 civil trials in 2017, and plaintiffs were awarded a total of more than $4 million in ten of those cases. There were only three defense verdicts in all of 2017.
“For a state with as dire a financial situation as Illinois, these costs are extremely concerning,” American Tort Reform Association President Tiger Joyce said. “In addition to the hyper-litigious culture, the prospects of legal reform are grim despite the state’s desperate need for economic growth and job creation.”
On the other side of the county line and beyond the no-injury lawsuits, Madison County continues to be the preferred jurisdiction by trial lawyers bringing asbestos claims – 1,128 cases were filed in 2017. Madison County had nearly triple the number of filings of the next closest competing jurisdiction, Baltimore, Md. (495).
Between 2014 and 2017, plaintiffs’ lawyers filed 6,071 asbestos cases in Madison County, and 68 percent were on behalf of people who do not live in Illinois, let alone Madison County.
“Plaintiffs flock to the Madison County courthouse because of its plaintiff-friendly reputation, low evidentiary standards, and judges’ willingness to allow meritless claims to survive,” Joyce said.
St. Clair County also suffers as a popular destination for “litigation tourism.” Asbestos filings increased 200 percent in 2017 alone.
“The Daubert standard requires judges to act as ‘gatekeepers’ to prevent ‘junk science’ testimony from being heard at trial,” Joyce said. “This makes it much more difficult for plaintiffs’ attorneys to be successful with dubious asbestos claims. Most of the asbestos lawsuits now filed in St. Clair County allege that exposure to asbestos caused the plaintiff to develop lung cancer, which has a multitude of other known causes outside of asbestos exposure.”
The full ranking of the nation’s 2018-2019 Judicial Hellholes are:
- California
- Florida
- New York City
- St. Louis
- Louisiana
- Philadelphia Court of Common Pleas
- New Jersey Legislature
- Madison and St. Clair Counties, Ill.
- Twin Cities, Minn.
To view the full report and read further updates throughout the year, visit JudicialHellholes.org.
