The American Tort Reform Foundation today placed Texas on the Judicial Hellholes® Watch List, warning that the state’s civil justice system, once the gold standard, is eroding under runaway verdicts, lawsuits based on questionable scientific claims, and a politically driven suing spree from Attorney General Ken Paxton (R).
For decades, Texas led the nation on legal reform — but advocates warn a new wave of nuclear verdicts® and state-sponsored litigation threatens that reputation. In 2025 alone, Texas courts delivered some of the largest verdicts in state history, including $831 million in San Antonio and $640 million in Harris County.
“Texas once set the standard for courtroom fairness. Now, some courts — and even the state’s top law enforcement official — are chasing headlines instead of justice,” said Tiger Joyce, president of the American Tort Reform Association. “Unchecked, this trend could turn Texas into a full-blown Judicial Hellhole®.”
Political Lawsuits and Junk Science
ATRF says Paxton’s bandwagon pharmaceutical litigation contributed to his state’s inclusion on the Judicial Hellholes® “Watch List” this year. In October, not long after Health and Human Services Secretary Robert F. Kennedy Jr. made speculative claims tying prenatal Tylenol use to autism, Paxton sued Tylenol maker, Kenvue, and explicitly invoked the “Make America Healthy Again” slogan.
As attorney general, Paxton has unleashed a wave of lawsuits targeting industries ranging from baby food and toothpaste to over-the-counter medicine — often relying on agenda-driven science and outside trial lawyers with political ties.
“When the Attorney General uses his office to amplify made-for-litigation science, every business and consumer in Texas pays the price,” Joyce said. “These cases may make splashy headlines, but they undermine the rule of law and push Texas closer to becoming a true Judicial Hellhole®.”
Paxton is challenging Texas’s incumbent U.S. Senator John Cornyn (R) in the state’s upcoming March 3 primary. Legal reform advocates say Sen. Cornyn is a staunch supporter of lawsuit reform and, among other efforts to curb abusive and excessive litigation, has pushed for transparency in lawsuit funding.
The law firm Keller Postman is handling both Paxton’s Tylenol lawsuit and the national Tylenol MDL, which is pending in the 2nd Circuit after the court heard oral arguments in an appeal last month. The same firm has litigated other high-profile cases that Paxton waged against social media and tech companies, echoing efforts in Judicial Hellholes® like New York City, where a judge allowed novel claims against Instagram and TikTok this year.
ATRF notes that Texas’s similarities to New York don’t end with the AG’s suing spree. By one count, Texas lawmakers introduced more than 750 new causes of action against businesses and healthcare providers. The report includes a “Closer Looks” section on the proliferation of private rights of action, which names Texas among states like New York and California where lawmakers continue to create new ways to sue.
The Toll on Texans
Recent data shows that lawsuit abuse costs Texans an average of $1,724 each year — a “tort tax” of $6,896 for a family of four, representing an 18% increase in just four years. Excessive litigation further leads to the loss of nearly one-half million jobs each year in the Lone Star State.
Regional data highlight widespread impact:
Upholding Judicial Integrity
While the Texas Supreme Court continues to provide a fair and balanced check on abuse — overturning excessive awards when possible — ATRF notes that the state’s high court cannot review every case.
“The Texas Supreme Court has been a voice of reason,” Joyce said. “But unless trial courts and political leaders get serious about fairness and defending the rule of law, Texas courts are in jeopardy — and it’s hardworking Texas families who pay the price for lawsuit abuse.”
The Texas Court of Appeals for the 5th District was on the Judicial Hellholes® “Watch List” in past years, but recent elections improved the composition of the appellate courts.
Texas is one of six jurisdictions included on the 2025-2026 Judicial Hellholes® “Watch List.” The full report, including the latest Judicial Hellholes® rankings, is available at JudicialHellholes.org.
