ATRA REFUTES ARGUMENTS AGAINST

Says Intermediate Court Would Pay for Itself by Boosting Economy, Tax Revenues

WASHINGTON, DC, February 03, 2010 -- Countering recent statements by West Virginia’s top judge, the American Tort Reform Association today again urged the state to create an intermediate level appeals court. Referring to testimony offered to state lawmakers Monday by Supreme Court of Appeals Chief Justice Robin Davis, ATRA general counsel Victor Schwartz said, “With all due deference to Chief Justice Davis, the right to seek an appeal, which is available in West Virginia only if a majority of the high court grants one, is a far cry from an actual ‘appeal of right’ under the law, which is not available in the state. West Virginia is the only state in the union wherein litigants are not guaranteed the right to have their appeals heard.”

A copy of Schwartz’s related September 29, 2009 testimony before the West Virginia Independent Commission on Judicial Reform is available here.

Tiger Joyce, ATRA’s president, added, “An irrefutable fact is that the state’s lack of a guaranteed right to appeal a trial court verdict contributes to its reputation as a ‘judicial hellhole’ and otherwise undermines its capacity to create jobs and expand its tax base. Corporate decision makers invariably study states’ litigation climates when considering where to expand or relocate their operations.

“For example, when the state’s high court refused to hear Chesapeake Energy’s appeal of a complicated multimillion-dollar verdict in 2008,” Joyce continued, “the company immediately canceled plans to build a $40 million regional headquarters in Charleston, and it later decided to move more than 200 jobs out of the state.

“So, to those who argue that West Virginia can’t afford to establish and operate an intermediate level appeals court, I’d politely respond that the state can’t afford not to do so. Establishing such a court would send an unmistakable signal to business leaders that the state will give them a fair shake. Such a court would more than pay for itself in fairly short order as more companies, large and small, expanded in or relocated to the Mountain State. Tax revenues would grow and state policymakers would then have the wherewithal to make other wise investments in the future of the state’s workers and families,” Joyce concluded.

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The American Tort Reform Association (ATRA) is the only national organization dedicated exclusively to tort and liability reform through public education and the enactment of legislation. ATRA's membership includes non profits, small and large companies, as well as state and national trade, business, and professional associations.