The American Tort Reform Association (ATRA) has recognized West Virginia as a “Tort Reform Trailblazer” in its latest Legislative HeatCheck report, commending the state for enacting two significant pieces of litigation reform this year.
“West Virginia vaulted to the forefront of states reining in lawsuit abuse and restoring balance to their civil justice systems, after years of being dubbed a ‘Judicial Hellhole®,’” said Tiger Joyce, ATRA president. “The Mountain State’s recent legal reforms on commercial trucking litigation and third-party litigation financing represent pivotal progress.”
Senate Bill 583, sponsored by Republican Sen. Mike Stuart, aims to level the playing field in commercial vehicle lawsuits and protect small businesses in the trucking industry by capping noneconomic damages at $5 million, with reasonable exceptions. This reform was signed into law in March by Republican Gov. Jim Justice.
“For too long, West Virginia’s ‘Judicial Hellhole®’ reputation was fueled by excessive and unpredictable damages in commercial auto cases,” Joyce stated. “SB 583 brings common sense to this litigation which is both unfair and an excessive burden on an industry that is vital to the economy.”
Additionally, West Virginia enacted Senate Bill 850 to increase transparency around third-party litigation financing. The new law extends disclosure requirements and prohibits improper funder conduct such as referring plaintiffs to specific attorneys.
“Third-party litigation funding is a shadowy industry that often distorts the justice system by incentivizing plaintiffs to reject reasonable settlements in pursuit of a bigger payout,” Joyce commented. “Unchecked litigation funding from foreign entities could erode our judicial system’s fairness, but SB 850 addresses these concerns by requiring disclosure of any foreign financing behind lawsuits.”
Despite these reforms, excessive tort costs still impose a $662 "tort tax" on every West Virginia resident annually while sapping 10,737 jobs from the state’s economy.
“ATRA commends West Virginia for taking these important first steps, but we’ll keep working closely with leaders in Charleston to build upon this momentum and fully rehabilitate the state’s legal climate,” Joyce added.
ATRA's Legislative HeatCheck report evaluates select states' progress—or lack thereof—in enacting meaningful tort reform measures during their most recent legislative sessions. Alongside West Virginia, Alabama and Indiana were also named “Tort Reform Trailblazers.” The full Legislative HeatCheck report is available at heatcheck.atra.org.