W.Va. Supreme Court strikes down venue reform laws
Judicial Activism
Not too long ago, West Virginia’s courts were a favorite of the nation’s personal injury lawyers for filing asbestos lawsuits – resulting in thousands of out-of-state plaintiffs and their lawyers filing lawsuits here at the expense of West Virginia taxpayers. In 2003 the West Virginia Legislature passed a “venue reform” law to help stop the flood of out-of-state cases. Even the personal injury lawyer senator leading the judiciary committee supported this law to prevent outsiders from taking advantage of our courtrooms.
Sadly, a majority of the West Virginia Supreme Court recently struck down the important venue reforms in the case of Morris v. Crown Equipment Corp.
In the Morris case, a Virginia resident was injured on the job while operating a forklift at his place of employment, also in Virginia. The machinery was actually made in Ohio and serviced out-of-state as well. The worker sued in West Virginia, but a circuit court judge said the 2003 state law required him to toss the case out.
Four of our Justices ruled, in effect, to force West Virginia taxpayers to pay for our courthouses to be filled up with cases from out-of-state personal injury lawyers representing out-of-state plaintiffs. All of these out-of-state intruders will be seeking to make a buck off of West Virginia’s out-of-control legal system. The Supreme Court’s new decision striking down the legislature’s venue law opens the door once again to more jackpot justice and litigation tourism.
The United States Supreme Court declined to hear an appeal of the Morris decision, placing the responsibility of fixing this problem on the West Virginia Legislature.
