ALWAYS KNOW WHAT LIES AHEAD
STATE JUDICIAL PROFILES BY COUNTY 2024
PREPARED BY THE MEMBER FIRMS OF
®
®
USLAW NETWORK
STATE JUDICIAL PROFILE BY COUNTY
USLAW is your home field advantage. The home field advantage comes from knowing and understanding the venue in a way that allows a competitive advantage – a truism in both sports and business. Jurisdictional awareness is a key ingredient to successfully operating throughout the United States and abroad. Knowing the local rules, the judge, and the local business and legal environment provides our firms’ clients this advantage. USLAW NETWORK bring this advantage to its member firms’ clients with the strength and power of a national presence combined with the understanding of a respected local firm. In order to best serve clients, USLAW NETWORK biennially updates its countyby-county jurisdictional profile, including key court decisions and results that change the legal landscape in various states. The document is supported by the common consensus of member firm lawyers whose understanding of each jurisdiction is based on personal experience and opinion. Please remember that the state county-by-county comparisons are in-state comparisons and not comparisons between states. There are a multitude of factors that go into such subjective observations that can only be developed over years of experience and participation. We are pleased on behalf of USLAW NETWORK to provide you with this jurisdictional snapshot. The information here is a great starter for discussion with the local USLAW member firm on how you can succeed in any jurisdiction. This conversation supplements the snapshot because as we all know as with many things in life, jurisdictions can change quickly. Please use this document as a way to begin exploring the benefits of an ongoing relationship with USLAW.
USLAW NETWORK, Inc. • 11555 Heron Bay Blvd., Suite 200 • Coral Springs, FL 33076 (800) 231-9110 • www.uslaw.org
USLAW NETWORK
STATE JUDICIAL PROFILE BY COUNTY
Table of Contents Alabama.................................... page 1
Montana...................................page 26
Alaska....................................... page 2
Nebraska..................................page 27
Arizona...................................... page 3
Nevada.....................................page 28
Arkansas.................................... page 4
New Hampshire..........................page 29
California................................... page 5
New Jersey...............................page 30
Colorado.................................... page 6
New Mexico..............................page 31
Connecticut................................ page 7
New York..................................page 32
Delaware................................... page 8
North Carolina............................page 33
Florida....................................... page 9
North Dakota..............................page 34
Georgia.....................................page 10
Ohio.........................................page 35
Hawaii......................................page 11
Oklahoma..................................page 36
Idaho........................................page 12
Oregon......................................page 37
Illinois......................................page 13
Pennsylvania.............................page 38
Indiana.....................................page 14
Rhode Island..............................page 39
Iowa.........................................page 15
South Carolina...........................page 40
Kansas......................................page 16
South Dakota.............................page 41
Kentucky...................................page 17
Tennessee.................................page 42
Louisiana..................................page 18
Texas.......................................page 43
Maine.......................................page 19
Utah.........................................page 44
Maryland...................................page 20
Vermont....................................page 45
Massachusetts...........................page 21
Virginia.....................................page 46
Michigan...................................page 22
Washington...............................page 47
Minnesota.................................page 23
West Virginia.............................page 48
Mississippi................................page 24
Wisconsin.................................page 49
Missouri...................................page 25
Wyoming...................................page 50
USLAW NETWORK
AL
STATE JUDICIAL PROFILE BY COUNTY
.. . . . . . ... . . . .
A Morgan County jury returned a $25M verdict in a single-car accident case where plaintiffs injuries were moderate, although a TBI was alleged.
LAUDERDALE
LIMESTONE
LAWRENCE
FRANKLIN
MARION
FAYETTE
LAMAR
MARSHALL
CULLMAN
GREENE
BLOUNT
CALHOUN
ST. CLAIR
CLEBURNE
JEFFERSON
TALLADEGA
SHELBY
BIBB
PERRY
AUTAUGA
DALLAS
MARENGO
CHOCTAW
LOWNDES
WILCOX
BUTLER CLARKE
RANDOLPH
CLAY
COOSA
CHILTON
HALE
SUMTER
. . . . ... CHEROKEE
ETOWAH
TUSCALOOSA
PICKENS
DE KALB
MORGAN
WALKER
..
Tuscaloosa County, home of the University of Alabama and previously thought of as a conservative county, recently entered a $30 million judgment in a wrongful death medical malpractice case. This is the largest medical malpractice award in the history of the state.
WINSTON
..
COLBERT
JACKSON
MADISON
CHAMBERS
TALLAPOOSA
ELMORE
$16 million verdict in truck accident case was tried as a products case so that standard defenses in auto negligence cases were no longer available, which is a new tact taken by sophisticated plaintiffs’ counsel.
LEE
..
MACON
RUSSELL
MONTGOMERY
BULLOCK
PIKE
BARBOUR
CRENSHAW
MONROE HENRY WASHINGTON
CONECUH
COFFEE
DALE
COVINGTON ESCAMBIA
GENEVA
HOUSTON
MOBILE
BALDWIN
CONSERVATIVE LIBERAL MODERATE
While medical malpractice cases traditionally resulted in defense verdicts or minimal awards in Alabama, there has been a significant increase in the potential value of these cases throughout the entire state.
1
ALABAMA
USLAW NETWORK
AK
STATE JUDICIAL PROFILE BY COUNTY
NORTH SLOPE
NORTHWEST ARCTIC YUKON-KOYUKUK
NOME
FAIRBANKS NORTH STAR DENALI
SOUTHEAST FAIRBANKS
MATANUSKA-SUSITNA
WADE HAMPTON
VALDEZ-CORDOVA
BETHEL
ANCHORAGE KENAI PENINSULA
LAKE AND DILLINGHAM PENINSULA
YAKUTAT
SKAGWAY-HOONAH-ANGOON
HAINES
HAINES BRISTOL BAY
JUNEAU
SKAGWAY-HOONAH-ANGOON
SKAGWAY-HOONAH-ANGOON
SITKA WRANGELL-PETERSBURG KODIAK ISLAND
ALEUTIANS EAST
PRINCE OF WALESOUTER KETCHIKAN
PRINCE OF WALESOUTER KETCHIKAN KETCHIKAN GATEWAY
ALEUTIANS WEST
CONSERVATIVE
ALASKA
LIBERAL MODERATE
2
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AZ
STATE JUDICIAL PROFILE BY COUNTY
COCONINO
MOHAVE NAVAJO APACHE
YAVAPAI
LA PAZ
GILA MARICOPA
GREENLEE
GRAHAM
PINAL YUMA
PIMA COCHISE
SANTA CRUZ
CONSERVATIVE
ARIZONA
LIBERAL MODERATE
3
USLAW NETWORK
AR
STATE JUDICIAL PROFILE BY COUNTY
BENTON
FULTON
CARROLL
CLAY
RANDOLPH
BAXTER
BOONE MARION
IZARD WASHINGTON
GREENE
SHARP
LAWRENCE
MADISON NEWTON
SEARCY
STONE
CRAIGHEAD
INDEPENDENCE JOHNSON
CRAWFORD
VAN BUREN
FRANKLIN
CONWAY
YELL
PERRY
SCOTT
SALINE MONTGOMERY
GARLAND
HOT SPRING
GRANT
...
LONOKE
PULASKI
POLK
JEFFERSON
PIKE SEVIER
HOWARD
CLARK DALLAS
CLEVELAND
...
...
WHITE
FAULKNER
POINSETT
JACKSON
POPE
LOGAN
SEBASTIAN
CLEBURNE
CROSS
WOODRUFF
PRAIRIE
LINCOLN
HEMPSTEAD
NEVADA
OUACHITA
DREW
CALHOUN BRADLEY
CRITTENDEN
ST. FRANCIS
LEE
MONROE
PHILLIPS
ARKANSAS
The Arkansas Supreme Court concluded a Lonoke County jury’s award of $42M in punitive damages did not “shock the conscience” in a case where the jury found only $5.9 million in actual damages.
DESHA LITTLE RIVER
MISSISSIPPI
MILLER
CONSERVATIVE LIBERAL MODERATE
UNION
ASHLEY
CHICOT
... . . . .
LAFAYETTE
..
COLUMBIA
A jury awarded $46.5 million in damages in a medical malpractice case in Union County after the defense relied on the ability to apply a lower standard of care than national standards.
4
ARKANSAS
USLAW NETWORK
SISKIYOU
MODOC
SHASTA
LASSEN
TRINITY
TEHAMA
PLUMAS BUTTE
GLENN
SIERRA
MENDOCINO
NEVADA PLACER
YOLO
EL DORADO
NAPA
SONOMA
SACRAMENTO AMADOR
...
SOLANO
CALAVERAS
...
MARIN
An appellate court considering a Contra Costa County case found that defendants could present evidence of benefits under the Affordable Care Act to argue for a reduction in the costs of future medical care. The case is the latest in the line of cases establishing that plaintiff can only seek medical specials based on what was or will be paid rather than grossly billed by medical providers.
TUOLUMNE
CONTRA COSTA SAN JOAQUIN
ALAMEDA SAN MATEOSANTA CLARA
STANISLAUS
MONO
MARIPOSA
MERCED
MADERA
SANTA CRUZ
SAN BENITO
MONTEREY
FRESNO INYO TULARE KINGS
KERN
SAN LUIS OBISPO
SANTA BARBARA
VENTURA
CONSERVATIVE LIBERAL MODERATE
LOS ANGELES
ORANGE
RIVERSIDE
.. . . . .
As a monolith, Los Angeles County is viewed as liberal. However, analysis of the sub-venue is require for a more accurate assessment. For example, sub-venues such as downtown Los Angeles and Compton have liberal juries, whereas sub-venues such as Long Beach and Santa Monica are relatively moderate, and sub-venues such as Chatsworth, Alhambra, Torrance, Van Nuys and Norwalk can even tilt conservative.
SAN BERNARDINO
...
...
SAN FRANCISCO
ALPINE
...
LAKE
YUBA COLUSA SUTTER
...
HUMBOLDT
...
DEL NORTE
CA
STATE JUDICIAL PROFILE BY COUNTY
While Orange County has been a rock-ribbed conservative venue, the changing political and cultural landscape is being reflected in the jury pools. Juries in Orange County may now consist of many Asian-American and Hispanic-American jurors. Relatively, it is still a good place to try a California case as a defendant, as the changing landscape seems more socially liberal while remaining economically conservative. For example, a USLAW member attorney recently obtained a defense verdict in a seven-figure slip-and-fall case despite arguing to a jury consisting of two registered Republicans and ten registered Democrats or Independents.
5
SAN DIEGO
IMPERIAL
CALIFORNIA
USLAW NETWORK
CO
STATE JUDICIAL PROFILE BY COUNTY
In Nieto v. Clark’s Market, Inc., __ P.3d __, 2021 CO 48 (Colo. 2021), the Colorado Supreme Court unanimously held that under the Colorado Wage Claim Act, all earned and determinable vacation pay must be paid out to an employee when she leaves her job. This ruling means that employers cannot require employees to forfeit unused vacation pay at the end of their employment. This decision could have potentially significant impacts for Colorado employers who do not already adhere to this practice.
The Colorado General Assembly passed House Bill 21-1188, which allows a plaintiff to bring direct negligence claims against an employer even if the employer admits liability for the tortious actions of its employee. This bill explicitly overrules Ferrer v. Okbamicael, 390 P.3d 836 (Colo. 2017), which previously allowed employers to dismiss direct negligence claims if they admitted their employee was acting within the course and scope of their employment when they committed the alleged tort. This increases potential exposure for employers.
SEDGWICK MOFFAT
WELD
LARIMER
JACKSON
LOGAN PHILLIPS
ROUTT MORGAN GRAND
BOULDER
RIO BLANCO
BROOMFIELD
GILPIN EAGLE
SUMMIT
GARFIELD
PITKIN
DENVER CLEAR CREEK JEFFERSON
ARAPAHOE
ELBERT
DOUGLAS LAKE
KIT CARSON
PARK
MESA
TELLER DELTA GUNNISON
LINCOLN
EL PASO
CHAFFEE
CHEYENNE
FREMONT
KIOWA
MONTROSE
CROWLEY OURAY
PUEBLO
CUSTER
SAGUACHE
SAN MIGUEL
BENT HINSDALE
DOLORES
SAN JUAN
LA PLATA
PROWERS
OTERO MINERAL
HUERFANO RIO GRANDE
MONTEZUMA
YUMA
WASHINGTON
ADAMS
ALAMOSA
LAS ANIMAS ARCHULETA
CONEJOS
BACA
COSTILLA
CONSERVATIVE
COLORADO
LIBERAL MODERATE
6
USLAW NETWORK
CT
STATE JUDICIAL PROFILE BY COUNTY
NOTE: The state is divided into 13 judicial districts, 20 geographical areas and 12 juvenile districts. Connecticut’s 13 judicial district courts are Ansonia-Milford, Bridgeport, Danbury, Hartford, Litchfield (Torrington), Middlesex, New Britain, New Haven-Meriden, New London-Norwich, Stamford-Norwalk, Tolland, Waterbury and Windham.
TOLLAND
HARTFORD
WINDHAM
LITCHFIELD
. . ... .
...
...
FAIRFIELD
...
...
NEW HAVEN
NEW LONDON
MIDDLESEX
In 2023, a Waterbury jury (Waterbury Judicial District) found that the City of Danbury and one of its building officials acted with reckless disregard for the health and safety of the public during the permitting, construction, and inspection phases of developing and expanding a storage facility. As a result, the building was never able to comply with structural storage loading and other requirements of the building code. The jury awarded the plaintiffs $16.8 million in damages.
Past is prologue: Fairfield Judicial District, based on its proximity to New York City, continues to lead the field in producing Connecticut’s most generous jury pool. On May 22, 2019, after five and a half days of deliberations, a jury in Stamford Superior Court awarded $14.2 million to a plaintiff who suffered back and neck injuries after a tractor-trailer rear-ended his car on an interstate highway. In addition to that verdict, the jury also awarded his wife $727,562.50 in past and future loss of consortium. This is believed to be one of the largest vehicular verdicts in Connecticut’s history.
CONSERVATIVE
CONNECTICUT
LIBERAL MODERATE
7
USLAW NETWORK
STATE JUDICIAL PROFILE BY COUNTY
DE
NEW CASTLE
KENT
SUSSEX
CONSERVATIVE
DELAWARE
LIBERAL MODERATE
8
USLAW NETWORK
FL
STATE JUDICIAL PROFILE BY COUNTY
HOLMES JACKSON OKALOOSA SANTA ROSA WASHINGTON WALTON
ESCAMBIA
BAY
CALHOUN
GADSDEN
NASSAU
JEFFERSON
LEON
HAMILTON
MADISON
LIBERTY WAKULLA TAYLOR GULF FRANKLIN
DUVAL
COLUMBIA BAKER SUWANNEE
UNION CLAY BRADFORD ST. JOHNS
LAFAYETTE DIXIE
GILCHRIST ALACHUA
PUTNAM FLAGLER
LEVY MARION VOLUSIA
The Florida Supreme Court, according to its exclusive rulemaking authority pursuant to article V, section 2(a) of the Florida Constitution, adopted chapter 2013-107, sections 1 and 2, Laws of Florida (Daubert amendments), which amended sections 90.702 (Testimony by experts) and 90.704 (Basis of opinion testimony by experts), Florida Statutes, of the Florida Evidence Code to replace the Frye standard for admitting certain expert testimony with the Daubert standard, the standard for expert testimony found in Federal Rule of Evidence 702
CITRUS
LAKE SUMTER HERNANDO
SEMINOLE ORANGE
PASCO PINELLAS
HILLSBOROUGH
OSCEOLA BREVARD
POLK
INDIAN RIVER MANATEE
HARDEE
OKEECHOBEE ST. LUCIE
HIGHLANDS SARASOTADE SOTO
... ...
LIBERAL MODERATE
9
... ...
CONSERVATIVE
$21,585,148 verdict to breast cancer patient whose physicians failed to diagnose inflammatory breast cancer for several months. Due to the aggressive type of cancer plaintiff had, an earlier diagnosis would not have improved her prognosis, and therefore the delay ultimately did not negatively affect her survival chances. The Miami jury awarded her over $21 million anyway, highlighting plaintiff-friendly nature of venue.
CHARLOTTE LEE
MARTIN
GLADES
... ...
Pregnant woman was killed when a drunk driver drove into a hotel cabana 15 feet from the road. The woman’s family sued the hotel and the driver. The South Florida jury found both parties liable and awarded damages of $24,057,283. The appellate court reversed and entered a directed verdict for the hotel, stating the position of the hotel relative to the road was not a dangerous condition, the hotel had acted reasonably, and the accident was attributable to “an improbable freak accident” and not to the negligence of the hotel. This is a surprising reversal from a typically liberal South Florida appellate Court.
HENDRY
PALM BEACH
BROWARD
COLLIER
MONROE
DADE
FLORIDA
USLAW NETWORK
. . . . . ..
..
CATOOSA
DADE
. . . ....
In May 2019, a Whitfield County Superior Court jury needed less than two hours to return a $21.6 million verdict against a trucking company in an accident that resulted in a below-the-knee amputation of the plaintiff’s left leg. This is a very high award for a historically conservative county. TOWNS
FANNIN
GILMER
..
PICKENS
DAWSON
CHEROKEE FORSYTH
BARTOW
FLOYD
POLK
COBB
PAULDING HARALSON
BANKS FRANKLIN
HALL
JACKSON
BARROW
FAYETTE
OGLETHORPE
WILKES
GREENE TALIAFERRO
MORGAN
PIKE
HANCOCK
LAMAR
CRAWFORD
..
... . . . . HOUSTON
LAURENS
BLECKLEY
TREUTLEN
PULASKI DODGE
WILCOX
WORTH
MILLER
MITCHELL
WHEELER
EVANS
TOOMBS
JEFF DAVIS
BEN HILL IRWIN
BRYAN CHATHAM
COFFEE
LIBERTY LONG
APPLING
BACON
WAYNE
MCINTOSH
TIFT PIERCE
BAKER
EARLY
EFFINGHAM
TELFAIR
LEE
DOUGHERTY
BULLOCH
TATTNALL
TURNER
CALHOUN
CANDLER
MONTGOMERY
CRISP
CLAY
SCREVEN
EMANUEL
SUMTER
RANDOLPH
JENKINS JOHNSON
TWIGGS
DOOLY
TERRELL
BURKE
WILKINSON
PEACH
TAYLOR
MACON MARION CHATAHOOCHEE SCHLEY
QUITMAN
JEFFERSON
BALDWIN
JONES
BIBB
TALBOT
WEBSTER
RICHMOND
GLASCOCK
WASHINGTON
UPSON
STEWART
COLUMBIA MCDUFFIE
WARREN
MONROE
MUSCOGEE
LINCOLN
PUTNAM
JASPER
BUTTS
SPALDING
HARRIS
CLARKE
HENRY
COWETA
TROUP
ELBERT
WALTON
CLAYTON ROCKDALE NEWTON
MERIWETHER
HART
MADISON
OCONEE
CARROLL
In 2022, Gwinnett County saw a $1.7 billion verdict, the largest in state history, against Ford Motor Co. in a wrongful death lawsuit stemming from a 2014 rollover crash that killed a Middle Georgia couple. The demographics of Gwinnett continue to evolve as it grows, and Gwinnett is now decidedly one of the more liberal metro Atlanta counties.
STEPHENS
GWINNETT
DEKALB DOUGLAS FULTON
HEARD
HABERSHAM
WHITE
LUMPKIN
GORDON
CHATTOOGA
RABUN
UNION
MURRAY
WHITFIELD WALKER
In August 2019, a Muscogee County State Court jury needed 45 minutes to return a $280 million verdict against a trucking company whose driver crossed the center line and killed five members of a family traveling together.
GA
STATE JUDICIAL PROFILE BY COUNTY
BERRIEN
ATKINSON
COLQUITT
GLYNN WARE
COOK
BRANTLEY
LANIER
SEMINOLE DECATUR
GRADY
THOMAS
BROOKS
LOWNDES
CLINCH CHARLTON
CAMDEN
ECHOLS
CONSERVATIVE
GEORGIA
LIBERAL MODERATE
10
USLAW NETWORK
HI
STATE JUDICIAL PROFILE BY COUNTY
A May 2019 decision from the Hawaii Supreme Court in Nationstar Mortgage continues the Court’s recent trend of applying ordinary litigation rules very strictly to foreclosure actions, including the standing requirement and the business records exception to the hearsay rule. Nationstar Mortgage LLC v. Kanahele, 2019 WL 1931703 (Haw. May 1, 2019). In Nationstar, the court concluded that discrepancies in Nationstar’s records indicated that the records were not trustworthy under the business records exception and additional affirmative steps would have to be taken to address the discrepancies on remand.
KAUAI
HONOLULU
KALAWAO
MAUI
HAWAII
CONSERVATIVE
HAWAII
LIBERAL MODERATE
11
USLAW NETWORK
ID
STATE JUDICIAL PROFILE BY COUNTY
BOUNDARY
Hawes v. Western Pacific Timber, LLC, 167 Idaho 896, 477 P. 3d 950 (2020). In December of 2020, the Idaho Supreme Court affirmed a $2.2 million judgment against Western Pacific Timber, LLC for breach of contract. Western Pacific Timber, LLC offered a private attorney an in-house general counsel position, which included a severance package of up to $500,000 to leave the attorney’s firm. The severance was not paid, and the in-house counsel position was later eliminated at the company. The jury awarded plaintiff $500,000, which was trebled by the district court because it was a claim for unpaid wages and $573,904.38 was awarded in attorneys fees.
BONNER
KOOTENAI
SHOSHONE
BENEWAH
LATAH CLEARWATER NEZ PERCE LEWIS
ADAMS
LEMHI
VALLEY
WASHINGTON
GEM
BOISE
CANYON
ADA
JEFFERSON
BUTTE
ELMORE
CAMAS
FREMONT
MADISON TETON
..
PAYETTE
CLARK
CUSTER
..
Brauner v. AHC of Boise, LLC, 166 Idaho 398, 459 P.3d 1246 (2020) In February of 2020, the Idaho Supreme Court affirmed a judgment awarding plaintiff $2,265,204 in damages in a medical malpractice case. The judgment was awarded against AHC of Boise, LLC due to AHC’s delay in care, which was a substantial factor resulting in an above-the-knee amputation of plaintiff’s leg.
. . . . . ..
. . . . ...
IDAHO
Phillips v. Eastern Idaho Health Services, Inc., 166 Idaho 731, 463 P.3d 365 (2019). In March of 2020, the Idaho Supreme Court significantly limited the ability to obtain the testimony of consulting physicians used to familiarize an outof-state physician with the local standard of care. The Court held that consulting physicians can be deposed only if there is a showing of exceptional circumstances under which it is impracticable for the party to obtain facts or opinions on the same subject by other means. The Court explained that deposing a consulting physician to examine the reliability and truthfulness of the testifying physician is not sufficient to show exceptional circumstances. Furthermore, the Court found that the testimony of the consulting physicians was not relevant because the plaintiffs did not intend to rely on the consultations to lay foundation for the testifying physician’s testimony.
BONNEVILLE
BLAINE
BINGHAM GOODING
LINCOLN CARIBOU JEROME
MINIDOKA POWER
OWYHEE TWIN FALLS
CASSIA
BANNOCK
ONEIDA
BEAR LAKE FRANKLIN
CONSERVATIVE
IDAHO
LIBERAL MODERATE
12
USLAW NETWORK
IL
STATE JUDICIAL PROFILE BY COUNTY
JO DAVIESS
STEPHENSON
CARROLL
WINNEBAGO
BOONE
MCHENRY
LAKE
OGLE KANE
DE KALB WHITESIDE
DU PAGE
COOK
LEE KENDALL
ROCK ISLAND
BUREAU
HENRY
WILL
LA SALLE GRUNDY
MERCER
PUTNAM KANKAKEE
STARK
MARSHALL
KNOX HENDERSON
FORD
MCLEAN
MASON
DE WITT
LOGAN
CHAMPAIGN
MENARD
CASS
BROWN
EDGAR
MOULTRIE COLES
CHRISTIAN MACOUPIN
CALHOUN
SHELBY CUMBERLAND
MONTGOMERY
JERSEY
EFFINGHAM
FAYETTE
JASPER
CLARK
CRAWFORD
BOND MADISON
CLAY
RICHLAND LAWRENCE
MARION
CLINTON
WAYNE
ST. CLAIR MONROE
WASHINGTON
RANDOLPH
• An April 2022 ruling changed Illinois law and now permits negligence claims, including negligent entrustment, supervision, retention, training and hiring, to be made against an employer, which were previously barred if the company admitted the employee was its agent. • In February 2023, the Illinois Supreme Court delivered back-to-back decisions regarding the scope of the Illinois Biometric Information Privacy Act (BIPA), a statute that allows an aggrieved person to recover $1,000, or even $5,000, per violation. The Court first found that a five-year statute of limitations applies to claims under BIPA and, later that month, subsequently found that a BIPA claim may accrue for the collection and disclosure of biometric “identifiers” “each time a private entity scans or transmits” an individual’s biometrics.
DOUGLAS
SANGAMON
SCOTT
GREENE
VERMILION
PIATT
MACON
MORGAN PIKE
IROQUOIS
TAZEWELL
SCHUYLER ADAMS
WOODFORD
PEORIA
FULTON
MCDONOUGH
HANCOCK
LIVINGSTON
WARREN
• As of late 2021, many of Illinois’s most conservative and moderate venues have rendered judgments and reported settlements that, prior to 2020, would only have been found in the most liberal national venues. On a national comparison, Illinois’s conservative venues must be considered moderate at best, its moderate venues as liberal and so on.
WABASH EDWARDS
JEFFERSON
PERRY
HAMILTON
WHITE
SALINE
GALLATIN
• In 2022, the Chicago Human Rights Ordinance was amended to require employers to provide annually at least one hour of sexual harassment prevention and bystander training to all employees. The amendments also require that Employers provide supervisors and management with an additional hour of sexual harassment prevention training on an annual basis. • Effective January 1, 2024, Illinois will require employers to provide paid annual leave to its employees. Covered employees accrue at least one hour of paid leave for every 40 hours worked, for up to 40 hours of paid leave for every 12-month period.
FRANKLIN
JACKSON
WILLIAMSON
HARDIN
CONSERVATIVE LIBERAL
UNION
ALEXANDER
JOHNSON
PULASKI
POPE
MASSAC
MODERATE
13
ILLINOIS
USLAW NETWORK
ST JOSEPH
LA PORTE
LA GRANGE
STEUBEN
NOBLE
DE KALB
ELKHART
PORTER
LAKE
MARSHALL STARKE
...
...
...
A jury in Newton County awarded plaintiff $25 million in a trucking accident and $5 million to his wife on her loss of consortium claim.
IN
STATE JUDICIAL PROFILE BY COUNTY
KOSCIUSKO
...
WHITLEY JASPER
FULTON
PULASKI
NEWTON
BENTON
MIAMI
CASS
WHITE
CARROLL HOWARD TIPPECANOE
WARREN
TIPTON
CLINTON
FOUNTAIN
MONTGOMERY
VERMILLION
MARION
PUTNAM
... GRANT
CLAY
RANDOLPH
HENRY
WAYNE
RUSH
FAYETTE
BARTHOLOMEW
FRANKLIN
RIPLEY GREENE
JENNINGS JACKSON LAWRENCE
DAVIES
JEFFERSON
MARTIN
DEARBORN
OHIO SWITZERLAND
WASHINGTON CLARK
DUBOIS
GIBSON
A jury in liberal Marion County awarded $6 million, reduced to $700,000 under the statutory cap, to the estate of the plaintiff who was intoxicated and attempted to touch or board a bus and was injured. This case is currently on appeal.
SCOTT ORANGE
PIKE
UNION
DECATUR BROWN
MONROE
KNOX
JAY
DELAWARE
MADISON
OWEN
SULLIVAN
ADAMS
BLACKFORD
SHELBY
JOHNSON
MORGAN
VIGO
WELLS
HANCOCK
HENDRICKS
PARKE
WABASH HUNTINGTON
...
HAMILTON
BOONE
ALLEN
FLOYD
CRAWFORD HARRISON WARRICK
POSEY
VANDERBURGH
PERRY SPENCER
CONSERVATIVE
INDIANA
LIBERAL MODERATE
14
USLAW NETWORK
IA
STATE JUDICIAL PROFILE BY COUNTY
The Iowa Supreme Court’s 173-page, three-opinion ruling vacates a $2.5MM judgement and announces the elements of Iowa law on a sexually hostile work environment, the standard for retaliation claims, and constructive discharge.
OSCEOLA
LYON
DICKINSON
WINNEBAGO
EMMET
MITCHELL
WORTH
HOWARD
O’BRIEN
SIOUX
CHEROKEE
PLYMOUTH
MONONA
HUMBOLDT
CALHOUN
SAC
CRAWFORD
WEBSTER
GREENE
CARROLL
CERRO GORDO
HANCOCK
BUENA VISTA POCAHONTAS
IDA
WOODBURY
PALO ALTO
CLAY
ALLAMAKEE
WINNESHIEK
KOSSUTH FLOYD
FRANKLIN
BUTLER
HAMILTON
HARDIN
GRUNDY
STORY
MARSHALL
BUCHANAN
BLACK HAWK
DELAWARE
LINN
BENTON
TAMA
CLAYTON
FAYETTE
BREMER
WRIGHT
BOONE
CHICKASAW
DUBUQUE
JONES
JACKSON
CLINTON CEDAR HARRISON
SHELBY
AUDOBON
GUTHRIE
DALLAS
JASPER
POLK
IOWA
POWESHIEK
SCOTT
JOHNSON MUSCATINE
POTTAWATTAMIE
ADAIR
CASS
MADISON
WARREN
MARION
MAHASKA
KEOKUK
WASHINGTON LOUISA
MILLS
FREMONT
MONTGOMERY
PAGE
ADAMS
TAYLOR
UNION
RINGGOLD
CLARKE
DECATUR
LUCAS
WAYNE
MONROE
APPANOOSE
WAPELLO
JEFFERSON
DAVIS
VAN BUREN
HENRY
DES MOINES
LEE
CONSERVATIVE
IOWA
LIBERAL MODERATE
15
USLAW NETWORK
KS
STATE JUDICIAL PROFILE BY COUNTY
SHERMAN
RAWLINS
DECATUR
THOMAS
SHERIDAN
NORTON
GRAHAM
PHILLIPS
ROOKS
SMITH
JEWELL
OSBORNE
MITCHELL
REPUBLIC
WASHINGTON
GOVE
TREGO ELLIS
ELLSWORTH GREELEY
WICHITA
SCOTT
LANE
NESS
RUSH
MORRIS
MCPHERSON
MARION
HODGEMAN
STAFFORD
KEARNY
RENO
GRAY GRANT
STEVENS
SEWARD
CLARK
JOHNSON
FRANKLIN
MIAMI
COFFEY
ANDERSON
LINN
GREENWOOD
WOODSON
ALLEN
BOURBON
WILSON
NEOSHO
BUTLER KIOWA
MEADE
DOUGLAS
LYON
PRATT
KINGMAN
SEDGWICK ELK
MORTON
SHAWNEE
HARVEY
FORD
HASKELL
WYANDOTTE
OSAGE
CHASE
EDWARDS
STANTON
WABAUNSEE
DICKINSON
PAWNEE
FINNEY
LEAVENWORTH
JEFFERSON
BARTON RICE
HAMILTON
SALINE
DONIPHAN
RILEY
GEARY
RUSSELL
BROWN
POTTAWATOMIE JACKSON
CLAY OTTAWA
LOGAN
NEMAHA
ATCHISON
CLOUD
LINCOLN WALLACE
MARSHALL
...
CHEYENNE
. . . .. .
In June 2019, the Kansas Supreme Court, which sits in Shawnee County, struck down as unconstitutional the state’s long-standing cap on non-economic damages. At the time, the cap was $325,000.
COMANCHE
BARBER
HARPER
SUMNER
COWLEY
MONTGOMERY CHAUTAUQUA LABETTE
CRAWFORD
CHEROKEE
House Bill 2238’s enactment will profoundly impact the sports landscape in Kansas by introducing guidelines based on “biological sex” for organizing athletic teams in educational institutions. This move is expected to prompt team reconfigurations and spark legal challenges as student-athletes gain the ability to pursue legal action against schools allegedly denying them “athletic opportunities.” Striking a balance between fairness and protecting the rights of all athletes, including transgender individuals, will be essential, making continuous monitoring and thoughtful dialogue imperative to shape a more inclusive and equitable sporting environment in the state.
CONSERVATIVE
KANSAS
LIBERAL MODERATE
16
USLAW NETWORK
KY
STATE JUDICIAL PROFILE BY COUNTY
In Lawson v. Ribeiro, __ S.W.3d___ (Ky. 2021), the Kentucky Supreme Court held that the Kentucky Court of Appeals exceeded the statutory basis for vacating an arbitration award. The Court of Appeals vacated an arbitration award in favor of a real estate agent who had been sued by her former client for breach of fiduciary duty. The Supreme Court’s decision reaffirmed a long-standing policy in Kentucky that a court’s review of an arbitrator’s award is limited. An arbitration award can only be vacated for the five grounds set forth in KRS 417.160, none of which were present in this case.
In Watson v. United States Liability Insurance Company – 2019-SC-475 – the Kentucky Supreme Court held that bad faith claims accrue when parties to litigation reach a settlement agreement because that is when the insurer becomes obligated to pay. In Miller v. House of Boom Kentucky, LLC – 2018-SC-625 – the Kentucky Supreme Court held that pre-injury waivers for minors are not enforceable even if signed by a parent/guardian.
BOONE KENTON CAMPBELL GALLATIN PENDLETON BRACKEN CARROLL GRANT MASON TRIMBLE GREENUP OWEN ROBERTSON LEWIS HENRY HARRISON OLDHAM FLEMING NICHOLAS BOYD CARTER SCOTT FRANKLIN ROWAN JEFFERSON BOURBON SHELBY BATH ELLIOTT WOODFORD LAWRENCE FAYETTE MONTGOMERY SPENCER ANDERSON MEADE CLARK BULLITT MENIFEE MORGAN HANCOCK JESSAMINE JOHNSON NELSON POWELL MARTIN MERCER HENDERSON BRECKINRIDGE WOLFE WASHINGTON MADISON MAGOFFIN DAVIES HARDIN ESTILL UNION BOYLE GARRARD LEE FLOYD MARION BREATHITT WEBSTER LARUE MCLEAN PIKE LINCOLN OHIO GRAYSON JACKSON OWSLEY CRITTENDEN ROCKCASTLE TAYLOR KNOTT CASEY HART HOPKINS GREEN PERRY LIVINGSTON BUTLER EDMONSON MUHLENBERG CLAY LETCHER PULASKI LESLIE LAUREL ADAIR CALDWELL LYON RUSSELL BALLARD MCCRACKEN WARREN BARREN METCALFE KNOX HARLAN MARSHALL CHRISTIAN CARLISLE LOGAN TODD CUMBERLAND WAYNE TRIGG WHITLEY SIMPSON ALLEN BELL MCCREARY MONROE HICKMAN GRAVES CLINTON CALLOWAY FULTON
CONSERVATIVE
KENTUCKY
LIBERAL MODERATE
17
USLAW NETWORK
CADDO
WEBSTER BOSSIER
MOREHOUSE
UNION
CLAIBORNE
WEST CARROLL EAST CARROLL
LINCOLN RICHLAND
OUACHITA BIENVILLE DE SOTO
LA
STATE JUDICIAL PROFILE BY COUNTY
MADISON
JACKSON
RED RIVER
CALDWELL
FRANKLIN
TENSAS
WINN CATAHOULA
NATCHITOCHES SABINE
GRANT
LA SALLE CONCORDIA
RAPIDES VERNON
AVOYELLES WEST FELICIANA
BEAUREGARD
CALCASIEU
ALLEN
JEFFERSON DAVIS
EVANGELINE ST. LANDRY
EAST FELICIANA ST. HELENA
POINTE COUPEE
WASHINGTON
EAST BATON ROUGE TANGIPAHOA WEST ST. TAMMANY LIVINGSTON BATON ROUGE
ACADIA ST. MARTIN LAFAYETTE
IBERIA
CAMERON VERMILION
IBERVILLE
ASCENSION
ST. JOHN THE BAPTIST ORLEANS ST. JAMES JEFFERSON ASSUMPTION ST. CHARLES ST. BERNARD ST. MARTIN
ST. MARY
LAFOURCHE TERREBONNE PLAQUEMINES
CONSERVATIVE
LOUISIANA
LIBERAL MODERATE
18
USLAW NETWORK
ME
STATE JUDICIAL PROFILE BY COUNTY
AROOSTOOK
PISCATAQUIS
SOMERSET
.... . . . .
.
PENOBSCOT
WASHINGTON
FRANKLIN
HANCOCK
WALDO
OXFORD
KENNEBEC
ANDROSCOGGIN SAGADAHOC
KNOX
LINCOLN
In November 2016, a Penobscot County jury awarded a utility company more than $13.6 million in lost profits in a breach of contract lawsuit against a defendant company and four of its subsidiaries. This is a contract case so it does not necessarily remove Penobscot County from the list of conservative jurisdictions.
CUMBERLAND
YORK
CONSERVATIVE
MAINE
LIBERAL MODERATE
19
MD
STATE JUDICIAL PROFILE BY COUNTY
. . . .. . ......
USLAW NETWORK
$1.2M for rear-end collision in jurisdiction known for low verdicts
WASHINGTON
ALLEGANY
...
...
Verdicts of $44M for a fertility related case and $16.5M for a failed abortion case demonstrate that sensitive issues command high verdicts in all kinds of jurisdictions
HARFORD
CARROLL
...
GARRETT
... ...
Three recent lead paint verdicts exceeding $1.63M to $3M continue a trend of high verdicts in lead paint cases
FREDERICK
CECIL
BALTIMORE
BALTIMORE CITY
KENT
ANNE ARUNDEL
QUEEN ANNE'S
HOWARD MONTGOMERY
CAROLINE PRINCE GEORGE'S
CHARLES
TALBOT
CALVERT DORCHESTER ST. MARY'S
WICOMICO
WORCESTER SOMERSET
CONSERVATIVE
MARYLAND
LIBERAL MODERATE
20
MA
STATE JUDICIAL PROFILE BY COUNTY
...
Massachusetts courts have enacted new rules governing collection of consumer credit card debt. Consumers now enjoy greater protection as commercial debt collectors face additional hurdles before filing collection complaints. This will also have a positive effect on the courts’ caseloads.
...
The Massachusetts Legislature recently enacted a new law governing non-competition agreements. The new law allows such agreements, but imposes strict requirements before they can be enforced. This will have a major impact on local businesses and will be the subject of much written case law in the coming months/ years.
Multiple multimillion dollar jury verdicts across state for brain injuries relating to births. $12.8 million jury verdict for brain injury suffered by child after delivery for negligent newborn care in Essex. $29.9 million jury verdict for brain injuries caused by birth complications in Hampden County. Both within the top 5 highest verdicts of the year, and both tried by the same plaintiff’s firm.
...
USLAW NETWORK
ESSEX
FRANKLIN MIDDLESEX BERKSHIRE HAMPSHIRE
WORCESTER SUFFOLK
NORFOLK
.... . . . .
.
HAMPDEN
$32.3 million wrongful death jury verdict against a convenience store chain for woman killed by driver who suffered stroke and struck woman while entering one of defendant’s stores. The verdict is believed to have been the highest ever in Hampden County. In subsequent proceedings, the trial judge reduced the award to $20 million, which was still double what the decedent’s family had requested. Although Hampden County is relatively conservative, the jury award seems to reflect a trend toward more generous awards in the county.
PLYMOUTH BRISTOL
BARNSTABLE
DUKES NANTUCKET
CONSERVATIVE
MASSACHUSETTS
LIBERAL MODERATE
21
USLAW NETWORK
MI
STATE JUDICIAL PROFILE BY COUNTY
Michigan Court of Appeals decision: The Court of Appeals of Michigan ruled that a plaintiff can make a claim for loss of earning capacity of an infant under the Michigan Wrongful Death Act, but denied the claim because the damages were too speculative to be recoverable. Sutherland v. Klarr, No. 360059, 2023 WL 478317, at *4 (Mich. Ct. App. Jan. 26, 2023), appeal dismissed, 989 N.W.2d 243 (Mich. 2023). Supreme Court of Michigan: On July 28, 2023, the Supreme Court of Michigan has effectively eliminated the open and obvious defense in premises liability case by holding that an open and obvious hazard no longer relieves the property owner from duty of reasonable care to plaintiff, overturning decades of precedent. Kandil-Elsayed v. F & E Oil, Inc., No. 162907, 2023 WL 4845611, at *5 (Mich. July 28, 2023).
KEWEENAW
HOUGHTON
ONTONAGON
BARAGA MARQUETTE
GOGEBIC IRON
LUCE CHIPPEWA
ALGER SCHOOLCRAFT
DICKINSON
MACKINAC
DELTA
MENOMINEE
EMMET
CHEBOYGAN PRESQUE ISLE
CHARLEVOIX ANTRIM LEELANAU
GRAND KALKASKACRAWFORD OSCODA TRAVERSE
BENZIE
WEXFORD
MANISTEE MASON
MONTMORENCY ALPENA
OTSEGO
LAKE
MISSAUKEE OGEMAW ROSCOMMON
OSCEOLA
GLADWIN
CLARE
ALCONA IOSCO
ARENAC HURON
.... . . . .
In November 2019, an Ingham County jury awarded $17 million in a medical malpractice case involving a 73-year-old plaintiff who was paralyzed from the waist down after what was supposed to be a routine procedure to improve blood flow. This was the largest verdict in 2019. Kathleen J. Bashore v. Sparrow Health System, Ingham County Circuit Court, Case No. 17-000273-NH.
NEWAYGO
MECOSTA ISABELLA MONTCALM
MUSKEGON
OTTAWA
KENT
IONIA
ALLEGAN
BARRY
CASS
BERRIEN
LIBERAL MODERATE
GENESEE CLINTON SHIAWASSEE
LAPEER
OAKLAND INGHAM LIVINGSTON
JACKSON
ST. CLAIR
MACOMB
WASHTENAW WAYNE
ST. JOSEPH BRANCH HILLSDALE LENAWEE MONROE
Wayne County: In April 2023, a jury awarded $96 million to a woman whose husband and 20-year-old son were rear-ended and killed by a truck driver who was taking medication for Parkinson’s disease, making him unable to drive safely. Attianese v. Nogueras, et. al., Wayne County Circuit Court, Case No. 365523.
22
.
CONSERVATIVE
SAGINAW
.. ....
KALAMAZOO
SANILAC
TUSCOLA
GRATIOT
EATON
CALHOUN
VAN BUREN
MIDLAND
.
OCEANA
BAY
MICHIGAN
USLAW NETWORK
MN
STATE JUDICIAL PROFILE BY COUNTY
ROSEAU
KITTSON
LAKE OF THE WOODS MARSHALL KOOCHICHING PENNINGTON RED LAKE
COOK
BELTRAMI
POLK
CLEARWATER
NORMAN
LAKE
ITASCA ST. LOUIS
MAHNOMEN HUBBARD BECKER
CASS
CLAY
WADENA
OTTER TAIL WILKIN
TODD
DOUGLAS
MORRISON
GRANT TRAVERSE BIG STONE
AITKIN
CROW WING
CARLTON
PINE
MILLE LACS KANABEC
BENTON STEVENS
POPE
STEARNS
SHERBURNE
SWIFT
ANOKA MEEKER
WRIGHT
CHIPPEWA KANDIYOHI
LAC QUI PARLE
RENVILLE
LYON
REDWOOD
WASHINGTON
CARVER
SIBLEY LINCOLN
CHISAGO
HENNEPIN RAMSEY MCLEOD
YELLOW MEDICINE
ISANTI
SCOTT
NICOLLET LE SUEUR
DAKOTA
RICE
GOODHUE WABASHA
BROWN
BLUE EARTH PIPESTONE MURRAY COTTONWOOD WASECA STEELE DODGE OLMSTED WATONWAN ROCK
NOBLES
JACKSON
MARTIN
FARIBAULT
FREEBORN
MOWER
WINONA
FILLMORE
HOUSTON
CONSERVATIVE
MINNESOTA
LIBERAL MODERATE
23
MS
STATE JUDICIAL PROFILE BY COUNTY
...
...
In this historically conservative venue, a verdict just under $5M was returned by a state court jury in a disputed liability trucking case with the largest component being $2.5M for non-economic damages (before reduction per statutory cap).
...
USLAW NETWORK
ALCORN TISHOMINGO
TIPPAH
MARSHALL TATE
TUNICA
COAHOMA
BENTON
DESOTO
PRENTISS UNION
PANOLA
LAFAYETTE ITAWAMBA
LEE
PONTOTOC QUITMAN YALOBUSHA TALLAHATCHIE
BOLIVAR
CHICKASAW
CALHOUN
MONROE
GRENADA
SUNFLOWER LEFLORE
MONTGOMERY CARROLL CHOCTAW
WASHINGTON HUMPHREYS
CLAY
WEBSTER
HOLMES
ATTALA
OKTIBBEHA
WINSTON
LOWNDES
NOXUBEE
SHARKEY YAZOO ISSAQUENA
LEAKE
NESHOBA
KEMPER
MADISON
NEWTON
SCOTT
WARREN HINDS
RANKIN SMITH
CLAIBORNE COPIAH
LAUDERDALE
JASPER
CLARKE
SIMPSON
JEFFERSON
ADAMS
AMITE
MARION
PIKE WALTHALL
JONES
WAYNE
LAMAR FORREST PERRY
GREENE
...
WILKINSON
FRANKLIN
LINCOLN
COVINGTON JEFFERSON DAVIS
...
LAWRENCE
After originating with Hurricane Katrina claims, Mississippi coastal juries remain angry with insurers in property claims. In what is believed to be the last Katrina lawsuit, a Jackson County jury awarded $10 million in punitive damages in 2022.
STONE
HARRISON HANCOCK
CONSERVATIVE
GEORGE
JACKSON
...
PEARL RIVER
MISSISSIPPI
LIBERAL MODERATE
24
USLAW NETWORK
MO
STATE JUDICIAL PROFILE BY COUNTY
Jackson County Legislature on Monday, April 3, 2023, voted unanimously to become the first county government in Missouri to ban anti-LGBT conversion therapy.
(Originated in Scott County) - On March 2, 2021, the Missouri Supreme Court affirmed an $870,000 verdict, including $300,000 in punitive damages against a medical center in a suit accusing health care providers of causing a patient’s death. The Court held that although the conduct was not “a complete indifference to or in conscious disregard for the rights or safety of others,” punitive damages were allowed because there was sufficient evidence that the health care providers exhibited a reckless indifference or conscious disregard of the patient’s well-being.
On November 8, 2022, Missouri voters approved Amendment 3 by a 53–47 margin. Possession of cannabis for adults 21 and over became legal on December 8, 2022. The first licensed sales of recreational cannabis occurred on February 3, 2023. On the April 4, 2023 election, many counties and cities in Missouri approved the additional sales tax of 3%. HB 1878 - Modifies provisions regarding election law: requires all registered voters in Missouri to provide a photo ID to vote and repeals the use of mail-in ballots. Additionally, prohibits the use of ballot drop boxes for absentee ballots.
Also on March 2, 2021, the Missouri Supreme Court adopted the Missouri Legislature’s changes to Rules 56.01, 57.01, 57.03, 57.04, 58.01, 59.01 and 61.01. SB 224 (2019). These changes, which are effective September 2, 2021, amend Missouri’s discovery rules to more closely resemble the Federal Rules of Civil Procedure.
In 2020, the Missouri Legislature passed legislation that makes significant reforms to the law governing the award of punitive damages. SB 591 (2020); Section 510.261 RSMo.
ATCHISON
WORTH NODAWAY
PUTNAM
MERCER
HARRISON GENTRY
SULLIVAN
GRUNDY
HOLT ANDREW DEKALB
SCHUYLER SCOTLAND CLARK ADAIR
KNOX
DAVIESS LINN
MACON
SHELBY
LIVINGSTON BUCHANAN
LEWIS
MARION
CLINTON CALDWELL CHARITON
PLATTE
CLAY
JACKSON
RAY
RANDOLPH
CARROLL
PIKE AUDRAIN
HOWARD
SALINE
LAFAYETTE
JOHNSON
LINCOLN
BOONE
MONTGOMERY CALLAWAY
COOPER CASS
WARREN ST. CHARLES
PETTIS MONITEAU
BATES
BENTON
MARIES
CAMDEN
HICKORY
PULASKI CEDAR POLK
DALLAS
PHELPS
CRAWFORD WASHINGTON
LACLEDE DENT
DADE WEBSTER WRIGHT
SHANNON CHRISTIAN
BARRY
TANEY
BOLLINGER SCOTT
CARTER
DOUGLAS
OZARK
CAPE GIRARDEAU
MADISON
WAYNE
STODDARD
HOWELL STONE
STE. GENEVIEVE ST. FRANCOIS PERRY
TEXAS
LAWRENCE NEWTON
IRON
REYNOLDS GREENE
JASPER
MCDONALD
FRANKLIN JEFFERSON
VERNON
BARTON
GASCONADE OSAGE
MORGAN MILLER
ST. CLAIR
ST. LOUIS CITY
ST. LOUIS COLE
HENRY
RALLS
MONROE
OREGON
RIPLEY
MISSISSIPPI
BUTLER NEW MADRID
PEMISCOT
CONSERVATIVE
DUNKLIN
MISSOURI
LIBERAL MODERATE
25
USLAW NETWORK
MT
STATE JUDICIAL PROFILE BY COUNTY
GLACIER
LINCOLN
DANIELS
TOOLE
HILL
LIBERTY
BLAINE
FLATHEAD
PONDERA
ROOSEVELT
PHILLIPS
TETON
RICHLAND
CHOUTEAU
LAKE
SANDERS
SHERIDAN
VALLEY
MCCONE CASCADE
MINERAL MISSOULA
POWELL
JUDITH BASIN
LEWIS AND CLARK
FERGUS
GARFIELD
DAWSON
PETROLEUM PRAIRIE
MEAGHER GRANITE RAVALLI
WHEATLAND
BROADWATER
GOLDEN VALLEY
JEFFERSON DEER LODGE SILVER
WIBAUX
MUSSELSHELL TREASURE
ROSEBUD
FALLON CUSTER
YELLOWSTONE
BOW
SWEET GRASS STILLWATER
GALLATIN
...
PARK
BIG HORN
MADISON
... BEAVERHEAD
POWDER RIVER
CARTER
CARBON
YELLOWSTONE NP
... $52 million jury verdict (including $10 million punitive) in suit against outof-state bank for alleged breach of commercial loan agreement in Silver Bow County. New trial ordered on appeal based on trial court wrongfully applying MT law contrary to choice-oflaw provision in contract.
CONSERVATIVE
MONTANA
LIBERAL MODERATE
26
USLAW NETWORK
NE
STATE JUDICIAL PROFILE BY COUNTY
BOYD
KEYA PAHA DAWES
KNOX
CEDAR
CHERRY
SIOUX
SHERIDAN
BROWN
ROCK
BOX BUTTE
HOLT PIERCE
ANTELOPE GRANT
HOOKER
ARTHUR
MCPHERSON
SCOTTS BLUFF MORRILL BANNER
GARDEN
THOMAS
LOUP
BLAINE
VALLEY
GREELEY
CUSTER CHEYENNE KIMBALL
KEITH
WAYNE
THURSTON
MADISON STANTON CUMING
GARFIELD WHEELER BOONE
LOGAN
DIXON DAKOTA
PLATTE
COLFAX
BURT
DODGE WASHINGTON
NANCE SHERMAN HOWARD
DEUEL
MERRICK
POLK
BUTLER
HAMILTON
YORK
SEWARD
DOUGLAS
SAUNDERS
SARPY
LINCOLN DAWSON
PERKINS
BUFFALO
HALL
CASS LANCASTER
CHASE
HAYES
FRONTIER
GOSPER
PHELPS
KEARNEY
ADAMS
CLAY
FILLMORE
GAGE DUNDY
HITCHCOCK RED WILLOW
FURNAS
OTOE
SALINE
HARLAN FRANKLIN WEBSTER THAYER JEFFERSON NUCKOLLS
JOHNSON NEMAHA PAWNEE RICHARDSON
CONSERVATIVE
NEBRASKA
LIBERAL MODERATE
27
USLAW NETWORK
NV
STATE JUDICIAL PROFILE BY COUNTY
HUMBOLDT ELKO
WASHOE PERSHING
LANDER
EUREKA
CHURCHILL
WHITE PINE
STOREY
CARSON CITY DOUGLAS
LYON
MINERAL NYE
A guest at a major hotel claimed he sustained an electrical injury while plugging in an iron. He claimed a burn to the hand, as well as a below-knee amputation due to an exit wound in the heel. Pre-trial negotiations included a $4.9 million Offer of Judgment from Plaintiff and a $1.5 million settlement offer by the hotel. After a 3-week trial, the jury was out 4 hours and returned a $21 million award for Plaintiff.
ESMERALDA
LINCOLN
In the first of several lawsuits against a Las Vegas-based water bottling company, a jury awarded 12 Plaintiffs, which included the family of a 69-year-old woman who died from liver failure and the family of a 7-month-old boy who was hospitalized with severe liver failure, a total of $28.5 million in compensatory damages against the bottling company and two other Defendants (manufacturers of the meters the bottling company used to measure chemical contents of water) and $200 million punitive damages against the bottling company.
CLARK
A jury awarded $38.8 million to the family of an 11-year-old girl who was killed in a crosswalk by a garbage truck. Video surveillance obtained by Plaintiff showed that the truck never fully stopped at the intersection. The driver of the garbage truck had received several write-ups in the years before the accident and had also been fired and re-hired.
CONSERVATIVE
NEVADA
LIBERAL MODERATE
28
USLAW NETWORK
NH
STATE JUDICIAL PROFILE BY COUNTY
COOS
. . ... .
In 2018, the New Hampshire Supreme Court affirmed a $900,000 jury award (including $400,000 for attorneys’ fees) in a trade secret case. Defendants, a group of utility brokerage firms, secretly hired a sales manager from one of the plaintiffs, several energy supply and consulting services. Defendants then conspired with the sales manager to misappropriate Plaintiffs’ confidential customer lists and pricing information and use that information to compete against the Plaintiffs.
• In 2018, a Rockingham County jury awarded plaintiff and her husband $9 million in damages following an accident where she was struck by a car while walking down the street. The jury awarded $8.5 million to the plaintiff for medical bills, pain and suffering, and loss of enjoyment of life, and $500,000 to plaintiff’s husband for loss of consortium. The verdict is notable, as it is one of the highest jury awards rendered in New Hampshire in recent years.
GRAFTON
• In 2022, a Rockingham County jury awarded plaintiff and his wife $4,700,000 after he walked through a snow and icecovered parking lot to enter his place of employment. Plaintiff slipped and fell at the top of a stairway, resulting in injuries to his left wrist, shoulder, neck, and lower back, and his wife asserted a claim for loss of consortium.
...
...
CARROLL
SULLIVAN MERRIMACK
...
BELKNAP
...
STRAFFORD
ROCKINGHAM
CHESHIRE
HILLSBOROUGH
CONSERVATIVE
NEW HAMPSHIRE
LIBERAL MODERATE
29
USLAW NETWORK
NJ
STATE JUDICIAL PROFILE BY COUNTY
SUSSEX PASSAIC
BERGEN
WARREN
MORRIS ESSEX
HUDSON
UNION SOMERSET HUNTERDON
MIDDLESEX MERCER MONMOUTH
BURLINGTON
GLOUCESTER
OCEAN
CAMDEN
SALEM ATLANTIC
CUMBERLAND
CONSERVATIVE
CAPE MAY
NEW JERSEY
LIBERAL MODERATE
30
USLAW NETWORK
NM
STATE JUDICIAL PROFILE BY COUNTY
...
In Santa Fe County, a jury awarded $165.5 million in a trucking matter involving the death of a mother and daughter. The jury verdict did not include any punitive damages. Santa Fe is long considered to be a very liberal venue. The notable aspect of this case was that the theme presented by Plaintiffs’ lawyers was largely the negligence of the Defendant. However, the jury did not award punitive damages, which is to be expected with a verdict this large, and with the Plaintiff’s attorneys pushing for justice. Rather, it appears the verdict was intended to reflect the overall tragedy of the case.
TAOS
RIO ARRIBA
...
SAN JUAN
UNION
COLFAX
MORA HARDING
...
LOS ALAMOS
SANDOVAL
MCKINLEY
SANTA FE
SAN MIGUEL
QUAY
BERNALILLO CIBOLA
GUADALUPE VALENCIA
CURRY
TORRANCE DE BACA SOCORRO
ROOSEVELT
CATRON LINCOLN
CHAVES
SIERRA GRANT
LEA
DONA ANA
OTERO
EDDY
LUNA
HIDALGO
CONSERVATIVE
NEW MEXICO
LIBERAL MODERATE
31
USLAW NETWORK
NY
STATE JUDICIAL PROFILE BY COUNTY
CLINTON
FRANKLIN ST. LAWRENCE
JEFFERSON
ESSEX
LEWIS HERKIMER
HAMILTON WARREN
OSWEGO NIAGARA
ORLEANS
ONEIDA
WASHINGTON
WAYNE
FULTON
MONROE GENESEE
ERIE
ONONDAGA
WYOMING
SCHENECTADY
SENECA
LIVINGSTON
SCHUYLER CHAUTAUQUA
CATTARAUGUS
RENSSELAER
OTSEGO
YATES CORTLAND
ALLEGANY
MONTGOMERY
MADISON
CAYUGA
ONTARIO
SARATOGA
ALBANY
SCHOHARIE
CHENANGO
TOMPKINS GREENE
STEUBEN CHEMUNG
TIOGA
BROOME
COLUMBIA
DELAWARE
ULSTER DUTCHESS SULLIVAN
ORANGE
PUTNAM
WESTCHESTER ROCKLAND
NEW YORK BRONX
RICHMOND
SUFFOLK
QUEENSNASSAU KINGS
CONSERVATIVE
NEW YORK
LIBERAL MODERATE
32
USLAW NETWORK
NC
STATE JUDICIAL PROFILE BY COUNTY
Mary Dotson v. Katherine H. Yancey, M.D. and Regional Surgical Specialists, 2019-CVS-2557, Buncombe County Superior Court (Bradley B. Letts, J.) (Trial Date: June 1, 2022). A jury returned a defense verdict ($0) in a medical malpractice / wrongful death case. The decedent, a 59-year-old female, died from acute hemorrhage and blood loss due to a lacerated aortic arterial branch that reportedly occurred during elective laparoscopic paraoesophageal hernia surgery performed by the defendant Katherine H. Yancey, M.D.. The plaintiff alleged Dr. Yancey was negligent in failing to discontinue dissection during surgery when she was in an area posterior to the aorta, failing to stop the elective surgery when she was in an area of the body with a high likelihood of damage, and approaching the repair procedure from the wrong surgical plane. The defendants denied negligence, contending Dr. Yancey was performing the surgical dissection in the correct surgical plane anterior to the aorta when she encountered bleeding that ultimately resulted in the decedent’s death. The decedent was survived by three adult children.
WATAUGA
...
AVERY MITCHELL
MADISON
YANCEY
BUNCOMBE
SWAIN GRAHAM CHEROKEE
CLAY
SURRY
STOKES
YADKIN
FORSYTH
CALDWELL ALEXANDER IREDELL
MCDOWELL BURKE
HAYWOOD RUTHERFORD
HENDERSON POLK JACKSON TRANSYLVANIA MACON
WILKES
...
ALLEGHANY
ASHE
CATAWBA
PERSON
DAVIDSON ROWAN
GUILFORD
WARREN
FRANKLIN
DURHAM
CHATHAM LEE
CABARRUSSTANLY GASTON MECKLENBURG
NASH EDGECOMBE
JOHNSTON
GREENE
HARNETT WAYNE
LENOIR
HOKE
BERTIE
CHOWAN
GATES
MARTIN WASHINGTONTYRRELL
DARE
WILSON
MOORE
ANSON RICHMOND
HERTFORD
CURRITUCK CAMDEN PASQUOTANK PERQUIMANS
NORTHAMPTON
HALIFAX
WAKE
RANDOLPH
MONTGOMERY
UNION
VANCE GRANVILLE
ORANGE
ALAMANCE
DAVIE
LINCOLN
CLEVELAND
ROCKINGHAM CASWELL
...
...
...
...
Harris v. Enuol, 2018-CVS-12019, Wake County Superior Court (James P. Hill Jr., J.) (Trial Date: Mar. 10, 2022). A jury returned a defense verdict ($0) in a negligence case arising from a motor vehicle accident. The plaintiff was driving northbound on a four-lane highway when he was struck by a southbound vehicle operated by defendant. The plaintiff allegedly suffered multilevel disc and facet degeneration throughout the cervical spine, cervical radiculopathy, right shoulder impingement syndrome, facial contusions, and muscle spasms in his back when the vehicle he was driving northbound on a four-lane highway was struck by a southbound vehicle operated by defendant. The plaintiff alleged the defendant was negligent when he crossed the center line of the highway and entered the plaintiff’s lane of travel. The defendant alleged the plaintiff was looking down when the accident occurred and if the plaintiff had reacted more quickly, the collision could have been avoided. A jury found that the plaintiff’s own negligence contributed to his injury and judgment was entered in favor of the defendant.
CUMBERLAND SAMPSON
SCOTLAND
PITT
HYDE
CRAVEN JONES
PAMLICO
DUPLIN ONSLOW
ROBESON
BEAUFORT
CARTERET
BLADEN PENDER
...
COLUMBUS
NEW HANOVER
BRUNSWICK
...
...
Weldon Moore v. Richmen Enterprises LLC d/b/a Darth Vapor, Joyetech, USA Inc. and Midwest Goods Inc., 2020-CVS-3997, New Hanover County Superior Court (G. Frank Jones, J.) (Verdict Date: Mar. 22, 2023). A jury returned a plaintiff’s verdict of $1.63 million. The plaintiff suffered third-degree burns on his right leg after his vaping device blew up in his pocket while he was at a jobsite. Contributory negligence and other statutory defenses, including the sealed-container defense, were charged on the verdict form.
CONSERVATIVE
NORTH CAROLINA
LIBERAL MODERATE
33
USLAW NETWORK
DIVIDE
ND
STATE JUDICIAL PROFILE BY COUNTY
BURKE
BOTTINEAU
ROLETTE
RENVILLE
CAVALIER
TOWNER
PEMBINA
WILLIAMS
WALSH MOUNTRAIL
PIERCE
MCHENRY
WARD
RAMSEY BENSON NELSON
MCKENZIE
MCLEAN
DUNN
EDDY SHERIDAN
WELLS FOSTER
MERCER
BILLINGS
GRIGGS
BURLEIGH STARK
TRAILL
KIDDER
STUTSMAN
BARNES
LOGAN
HETTINGER
ADAMS
CASS
MORTON
GRANT
BOWMAN
STEELE
OLIVER
GOLDEN VALLEY
SLOPE
GRAND FORKS
LA MOURE
RANSOM
EMMONS
RICHLAND MCINTOSH
SIOUX
DICKEY
SARGENT
CONSERVATIVE
NORTH DAKOTA
LIBERAL MODERATE
34
. . . .. .
While Trumbull County is typically more moderate-toconservative, a recent $28.7 million verdict for parents of a newborn who was diagnosed with cerebral palsy due to the negligence of a hospital demonstrates that sensitive issues can command high verdicts in any kind of jurisdiction.
LAKE
LUCAS
FULTON
WILLIAMS
OTTAWA ERIE
SANDUSKY
WOOD
HENRY
LORAIN
HURON
SENECA
PAULDING
PUTNAM
WYANDOT
ASHLAND
CRAWFORD RICHLAND
...
ALLEN
HARDIN
AUGLAIZE
MERCER
MARION
SHELBY
UNION
DARKE
WAYNE
SUMMIT
PORTAGE
STARK
KNOX
MAHONING
COLUMBIANA
TUSCARAWAS
JEFFERSON
HARRISON
COSHOCTON
DELAWARE
TRUMBULL
CARROLL
HOLMES
MORROW
LOGAN
CHAMPAIGN LICKING
MIAMI
GUERNSEY
BELMONT
...
MADISON
MONTGOMERY
FAIRFIELD
CLINTON
HOCKING
ROSS
VINTON
HIGHLAND
...
CLERMONT
WASHINGTON
ATHENS
....
HAMILTON
MONROE
MORGAN
...
FAYETTE WARREN
NOBLE
PERRY
PICKAWAY
GREENE BUTLER
MUSKINGUM
FRANKLIN
CLARK
PREBLE
MEDINA
HANCOCK
VAN WERT
GEAUGA
CUYAHOGA
ASHTABULA
..
A recent verdict of $34 million in a personal injury case was surprising for a venue that has been considered to be conservative.
DEFIANCE
OH
STATE JUDICIAL PROFILE BY COUNTY
.. . . . . .
USLAW NETWORK
MEIGS
PIKE
JACKSON
...
BROWN
ADAMS
SCIOTO
GALLIA
LAWRENCE
... CONSERVATIVE LIBERAL MODERATE
A recent $27.8 million negligence verdict highlights a trend of plaintiff-friendly verdicts, rendering Hamilton County more of a liberal venue than in previous years.
A $21.5 million verdict in a domestic abuse case solidifies Franklin County as a liberal venue in Ohio.
35
OHIO
OK
STATE JUDICIAL PROFILE BY COUNTY
Recent $5 million verdict in a medical negligence action alleging damage to tissue during a surgery and a failed attempt to repair without informed consent ultimately resulting in an above the knee amputation. The Jury awarded $3 million in actual damages and $2 million in punitive damages
. . ... . ......
USLAW NETWORK
Recent $5 million verdict against a tractor manufacturer in which the operator was killed when the tractor tipped and rolled over. The Jury awarded $3 million in actual damages and $2 million in punitive damages.
WASHINGTON
DEWEY
ROGER MILLS
BECKHAM
GREER
HARMON
JACKSON
CUSTER
NOBLE
GARFIELD
MAJOR
OTTAWA
CADDO
GRADY
COMANCHE
LINCOLN
OKLAHOMA
OKMULGEE
ADAIR
MUSKOGEE SEQUOYAH
MACINTOSH
POTTAWATOMIE
HASKELL
SEMINOLE HUGHES
MCCLAIN
COTTON
WAGONER CHEROKEE
OKFUSKEE
CLEVELAND
STEPHENS
MAYES DELAWARE
TULSA
CREEK
LOGAN
CANADIAN
TILLMAN
ROGERS
PAWNEE
PAYNE
BLAINE KINGFISHER
WASHITA
KIOWA
CRAIG
NOWATA
KAY
OSAGE
...
ELLIS
GRANT
...
WOODWARD
Two recent verdicts against a large retail discount chain. A slip and fall on ice in the parking lot resulted in an $850,000 verdict. An unrelated dram shop fatality case resulted in an $11.9 million verdict, including $5.7 million in punitive damages for selling beer to a minor for offpremises consumption.
ALFALFA
WOODS
...
HARPER
...
TEXAS
BEAVER
...
CIMARRON
PITTSBURG
LATIMER
LE FLORE
PONTOTOC
GARVIN
COAL MURRAY CARTER
JOHNSTON
ATOKA
PUSHMATAHA MCCURTAIN
JEFFERSON LOVE
CHOCTAW
MARSHALL BRYAN
CONSERVATIVE
OKLAHOMA
LIBERAL MODERATE
36
USLAW NETWORK
OR
STATE JUDICIAL PROFILE BY COUNTY
COLUMBIA
...
CLATSOP
...
...
In Multnomah County, on January 27, 2017, a $10.5 Million jury award for pain and suffering to a man whose leg was severed by a garbage truck was reduced to $500,000 under a 2016 Oregon Supreme Court decision which allowed the existing statutory cap on non-economic damages to be constitutionally applied to all cases. In two Multnomah County verdicts jurors rejected claims of alternate responsibility. On May 11, 2017, after an eight-day trial, jurors awarded a woman’s estate zero dollars in a wrongful death lawsuit against a psychiatrist blamed for not warning others about potential suicide. On Feb. 27, 2017, after a five-day trial, jurors determined that a social host was not liable when a drunk guest shot another guest at a party. In December 2016 the Oregon Supreme Court rejected the “impact rule” which had required actual physical impact before witness to an injury to another could recover in tort recovery. The Court substituted a rule allowing bystander recovery if there was (1) a sudden serious physical injury to a close family member, (2) contemporaneously observed, which (3) caused the bystander “serious” emotional distress.
TILLAMOOK
WASHINGTON
UMATILLA
HOOD RIVER GILLIAM
CLACKAMAS
UNION
WASCO
MARION WHEELER
BAKER
JEFFERSON LINCOLN
WALLOWA
MORROW
SHERMAN
YAMHILL
POLK
MULTNOMAH
LINN
BENTON
GRANT
CROOK
LANE
DESCHUTES
DOUGLAS
MALHEUR
COOS
HARNEY LAKE KLAMATH JACKSON
CURRY JOSEPHINE
CONSERVATIVE
OREGON
LIBERAL MODERATE
37
USLAW NETWORK
PA
STATE JUDICIAL PROFILE BY COUNTY
Effective April 1, 2019, the Pennsylvania Rules of Civil Procedure permit Unknown Defendant/John Doe pleading. The pleading requirements are set forth in Rule 2005, and the actual name of the party must be substituted within 20 days of identification. Due diligence in identifying the actual name is required.
In Spencer v. Johnson, 2021 WL 1035175 (Pa. Super. 2021), the Pennsylvania Superior Court limited the Faire Share Act (42 Pa.C.S. §7102) to lawsuits where the plaintiff’s negligence is at issue. The Fair Share Act was enacted to change joint and several liability so a defendant is only responsible to pay the part of a judgment equal to the percentage of liability assigned by the jury. If it stands (it is expected that the decision will be appealed to the Pennsylvania Supreme Court), Spencer will materially change the trial strategy pursued in personal injury litigation involving multiple parties.
In Sullivan v. Werner Co., 2023 Pa.LEXIS 1717 (Pa. 2023), the Pennsylvania Supreme Court held that a manufacturer’s compliance with governmental regulations or industry standards is inadmissible in design defect cases to show a product is not defective under the risk-utility theory. The Court did not determine whether such evidence is admissible where the plaintiff proceeds under the consumer expectations theory.
ERIE WARREN
MCKEAN
SUSQUEHANNA
BRADFORD
TIOGA
POTTER
WAYNE
CRAWFORD FOREST
CAMERON
ELK
VENANGO
WYOMING
SULLIVAN
LACKAWANNA
LYCOMING
PIKE
MERCER CLINTON
CLARION
LUZERNE
JEFFERSON UNION
CENTRE
BUTLER
MONTOUR CARBON
ARMSTRONG BEAVER
MONROE
COLUMBIA CLEARFIELD
LAWRENCE
SNYDER
NORTHUMBERLAND
MIFFLIN
INDIANA
NORTHAMPTON
SCHUYLKILL
JUNIATA
LEHIGH
CAMBRIA ALLEGHENY
BLAIR
PERRY
DAUPHIN
BERKS LEBANON BUCKS
HUNTINGDON
WESTMORELAND WASHINGTON
MONTGOMERY
CUMBERLAND LANCASTER FAYETTE
GREENE
SOMERSET
CHESTER
BEDFORD FULTON
FRANKLIN
ADAMS
YORK
PHILADELPHIA DELAWARE
CONSERVATIVE
PENNSYLVANIA
LIBERAL MODERATE
38
USLAW NETWORK
RI
STATE JUDICIAL PROFILE BY COUNTY
PROVIDENCE
BRISTOL KENT
NEWPORT WASHINGTON
CONSERVATIVE
RHODE ISLAND
LIBERAL MODERATE
39
USLAW NETWORK
SC
STATE JUDICIAL PROFILE BY COUNTY
CHEROKEE
GREENVILLE
YORK
SPARTANBURG
PICKENS
The South Carolina Court of Appeals addressed the sufficiency of evidence in constructive notice cases. Specifically, the Court held that a premises owner had constructive notice of a syringe in the parking lot even though there was no direct evidence of the exact length of time. Additionally, the opinion provides that testimony of how long the syringe had been in the parking lot because of its “weathered” appearance was not speculative, but instead was a reasonable inference. Overall, the case provides that a defendant will have constructive notice of a dangerous or defective condition whenever it appears that the condition has existed for such a length of time before the injury, based on reasonable inferences drawn from the evidence. To this point, the law has been that some evidence of timing must be shown in constructive notice cases. Although the Court of Appeals has not changed that principle, the sufficiency of evidence to establish it may now be a lower bar to overcome.
OCONEE LANCASTER
CHESTER
UNION
CHESTERFIELD MARLBORO
ANDERSON LAURENS FAIRFIELD
KERSHAW
DILLON
DARLINGTON
NEWBERRY ABBEVILLE
LEE GREENWOOD
FLORENCE
SALUDA
RICHLAND
LEXINGTON
MCCORMICK
MARION HORRY
SUMTER
EDGEFIELD CALHOUN
CLARENDON WILLIAMSBURG
AIKEN
GEORGETOWN
ORANGEBURG ORANGEBURG BARNWELL BAMBERG DORCHESTER
BERKELEY CHARLESTON
ALLENDALE
COLLETON HAMPTON
CHARLESTON
BEAUFORT JASPER
BEAUFORT
CONSERVATIVE
SOUTH CAROLINA
LIBERAL MODERATE
40
USLAW NETWORK
SD
STATE JUDICIAL PROFILE BY COUNTY
CAMPBELL
CORSON
MARSHALL
MCPHERSON
ROBERTS
BROWN
PERKINS
HARDING
WALWORTH
EDMUNDS
POTTER
FAULK
DAY
DEWEY BUTTE
GRANT SPINK CODINGTON
ZIEBACH
CLARK DEUEL HAMLIN
SULLY HYDE
MEADE STANLEY
LAWRENCE
HAND
HUGHES
BEADLE
BUFFALO PENNINGTON
JONES
BRULE
AURORA DAVISON
MELLETTE
DOUGLAS
SHANNON FALL RIVER
SANBORN
BENNETT
MOODY
LAKE
MINER
LYMAN
JACKSON
CUSTER
JERAULD
BROOKINGS
KINGSBURY
HAAKON
TRIPP
TODD
GREGORY
HANSON
HUTCHINSON
CHARLES MIX BON HOMME
MINNEHAHA
MCCOOK
TURNER
LINCOLN
YANKTON CLAY
UNION
CONSERVATIVE
SOUTH DAKOTA
LIBERAL MODERATE
41
USLAW NETWORK
TN
STATE JUDICIAL PROFILE BY COUNTY
The Supreme Court of Tennessee upheld the statutory cap on non-economic damages, holding that the cap did not violate the Tennessee Constitution on several grounds. The Supreme Court of Tennessee also clarified the applicability of two statutory laws as issues of first impression. First, the Court held that the statutory rebuttable presumption of acceptance of coverage by payment of premium in an insurance contract applies to actions against insurance agents for claims of negligent failure to procure a policy. Second, the Court held that a health care provider is subject to the Tennessee Consumer Protection Act when it acts in its business capacity rather than its professional capacity.
LAKE
STEWART
OBION WEAKLEY
HENRY
BENTON
DYER
GIBSON
MONTGOMERY
ROBERTSON
CHEATHAM
HOUSTON
SHELBY
HENDERSON
CHESTER
FAYETTE
PUTNAM
WILSON
HARDEMAN MCNAIRY
MORGAN
WARREN LEWIS
DECATUR
MAURY
ANDERSON
BEDFORD
COFFEE
MARSHALL HARDIN
LOUDON
WAYNE
LAWRENCE
BLEDSOE RHEA MEIGS
GRUNDY
MCMINN
SULLIVAN JOHNSON
HAWKINS
JEFFERSON
ROANE
VAN BUREN PERRY
HANCOCK
KNOX
WHITE
RUTHERFORD CANNON
CLAIBORNE
UNION GRAINGER HAMBLEN
DE KALB WILLIAMSON
TIPTON
CAMPBELL
CUMBERLAND
HICKMAN
MADISON
JACKSON
SCOTT
OVERTON FENTRESS
SMITH DAVIDSON
DICKSON
CARROLL
LAUDERDALE
PICKETT
CLAY
MACON TROUSDALE
HUMPHREYS
CROCKETT
HAYWOOD
SUMNER
WASHINGTON GREENE
CARTER
UNICOI
COCKE SEVIER
BLOUNT
MONROE
SEQUATCHIE
MOORE
GILES LINCOLN
FRANKLIN
MARION
HAMILTON
BRADLEY
POLK
CONSERVATIVE
TENNESSEE
LIBERAL MODERATE
42
TX
STATE JUDICIAL PROFILE BY COUNTY
July 2023 – A Dallas County jury awarded $7 billion to the family of an elderly woman who was stabbed to death by an off-duty cable installer. The award was later reduced to $1.15 billion by the judge.
SHERMAN HANSFORD OCHILTREE LIPSCOMB
. . .. ...
DALLAM
HEMPHILL
GRAY
WHEELER
HALL
CHILDRESS
PARMER
CASTRO
SWISHER
BRISCOE
BAILEY
LAMB
HALE
FLOYD
MOTLEY
COTTLE
CROSBY
DICKENS
KING
HARDEMAN
HUDSPETH
REEVES
TERRY
LYNN
GAINES
DAWSON
ANDREWS
WINKLER WARD
CULBERSON
ECTOR
CRANE
MARTIN
GARZA
BORDEN
KENT
SCURRY
UPTON
KNOX
STONEWALL
HASKELL
BAYLOR
BREWSTER
COOKE
GRAYSON
FANNIN
COLLIN
JACK
THROCKMORTON YOUNG
WISE
HUNT
DENTON
ROCKWALL
PALO PINTO PARKER TARRANT SHACKLEFORD JONES STEPHENS
FISHER
HOWARD
MITCHELL
TAYLOR CALLAHAN EASTLAND
NOLAN
COKE
RUNNELS
ERATH SOMERVELL
BOSQUE
TOM GREEN CONCHO
ELLIS
CROCKETT
MASON SUTTON
KIMBLE GILLESPIE
VAL VERDE
BURNET
LLANO
KERR
COMAL
BANDERA
LEON
TRINITY
MILAM
BRAZOS
WASHINGTON WALLERMONTGOMERY AUSTIN
FAYETTE
GUADALUPE GONZALES
FRIO
ATASCOSA
DIMMIT
LA SALLE MCMULLEN LIVE OAK
WEBB
DUVAL
JIM WELLS
BEE
NUECES
...
MODERATE
...
LIBERAL
43
BROOKS KENEDY
...
CONSERVATIVE
The Rio Grande Valley and Gulf Coast areas of Texas continue to live up to their reputation as the best place to be for plaintiffs bringing personal injury lawsuits in Texas. Juries in these areas, for whatever reason, tend to empathize more with injured parties and award plaintiffs large judgments.
JIM HOGG
STARR
WILLACY
HIDALGO
CAMERON
VICTORIA CALHOUN
REFUGIO
SAN PATRICIO
KLEBERG
ZAPATA
GALVESTON
BRAZORIA JACKSON
GOLIAD
ORANGE
JEFFERSON CHAMBERS
FORT BEND
WHARTON DE WITT
KARNES
LIBERTY
ARANSAS
MATAGORDA
...
ZAVALA MAVERICK
HARRIS
LAVACA
BEXAR
TYLER
SAN JACINTO HARDIN
LEE BASTROP
CALDWELL
POLK
WALKER GRIMES
BURLESON
WILSON
NEWTON JASPER
...
KINNEY
MEDINA
SAN AUGUSTINE SABINE ANGELINA
MADISON
COLORADO UVALDE
HOUSTON
ROBERTSON
WILLIAMSON
HAYS
SHELBY NACOGDOCHES
...
REAL
PANOLA RUSK
ANDERSON CHEROKEE FREESTONE
FALLS
TRAVIS
BLANCO
KENDALL
EDWARDS
HARRISON GREGG
MCLENNAN LIMESTONE
LAMPASAS
MENARD
UPSHUR
VAN ZANDT
CASS MARION
HENDERSON
HILL
BELL SCHLEICHER
WOOD
SMITH
CORYELL MCCULLOCHSAN SABA
BOWIE
HOPKINS FRANKLIN MORRIS CAMP
RAINS
KAUFMAN
COLEMAN MILLS
IRION
RED RIVER
TITUS
DALLAS
JOHNSON
HAMILTON
REAGAN
LAMAR
DELTA
NAVARRO
COMANCHE BROWN
TERRELL
PRESIDIO
MONTAGUE
ARCHER
HOOD
MIDLAND GLASSCOCK STERLING
PECOS
JEFF DAVIS
WILBARGER WICHITA
..
YOAKUM
..
LOVING
EL PASO
FOARD
CLAY
COCHRAN HOCKLEY LUBBOCK
... .. . .
March 2022 – A Reagan County (west Texas) jury awarded $120M to the wife and four children of a man killed in a motor vehicle accident.
December 2021 – A Titus County (east Texas) jury awarded $730 million to the family of an elderly (73 years old) woman killed in a trucking accident.
April 2023 – A Dallas County jury awarded $860M to the family of a woman who was killed when a crane collapsed and fell into her apartment.
RANDALL ARMSTRONG DONLEY COLLINGSWORTH
DEAF SMITH
...
CARSON
POTTER
OLDHAM
December 2023 – A Dallas County jury awarded $105M to family of man killed in a trucking accident involving an Amazon subcontractor.
...
MOORE HUTCHINSON ROBERTS
HARTLEY
...
USLAW NETWORK
October 2021 – A Harris County jury awarded $352M to the family of a man who was struck by the driver of an aviation fuel truck on the tarmac of George Bush Intercontinental Airport, leaving him paralyzed. July 2023 – A Harris County (Houston) jury awards $209M to the family of a man who contracted the Hantavirus, a virus transmitted by rodents, on the job.
TEXAS
USLAW NETWORK
UT
STATE JUDICIAL PROFILE BY COUNTY
CACHE RICH
BOX ELDER
WEBER MORGAN DAVIS
DAGGETT SUMMIT
SALT LAKE TOOELE
WASATCH
DUCHESNE UINTAH
UTAH
JUAB
CARBON SANPETE
MILLARD EMERY
GRAND
SEVIER
BEAVER
PIUTE
IRON
WAYNE
GARFIELD
SAN JUAN
WASHINGTON
KANE
CONSERVATIVE
UTAH
LIBERAL MODERATE
44
USLAW NETWORK
VT
STATE JUDICIAL PROFILE BY COUNTY
FRANKLIN
GRAND ISLE
ORLEANS ESSEX
LAMOILLE
CHITTENDEN
CALEDONIA
WASHINGTON
ORANGE
ADDISON
RUTLAND
BENNINGTON
WINDSOR
WINDHAM
CONSERVATIVE
VERMONT
LIBERAL MODERATE
45
VA
STATE JUDICIAL PROFILE BY COUNTY
A jury awarded a $2,550,000 verdict for a patient who claimed a spinal surgeon inserted instruments too deeply during surgery causing lacerated blood vessels. This case is notable in that it perhaps indicates that the conservative Stafford County is becoming more liberal.
. .... ..
USLAW NETWORK
.... . . . .
... LOUDOUN
SHENANDOAH
CULPEPER MADISON
STAFFORD
HIGHLAND
KING GEORGE
GREENE
ORANGE SPOTSYLVANIA
ALBEMARLE
ROCKBRIDGE
BUCKINGHAM
CRAIG
AMHERST
GILES
BUCHANAN DICKENSON WISE
TAZEWELL
SCOTT
RUSSELL
WASHINGTON
MONTGOMERY PULASKI
CAMPBELL
FLOYD
WYTHE CARROLL
PATRICK
AMELIA
PRINCE EDWARD
NOTTOWAY
HALIFAX
NORTHUMBERLAND
LANCASTER
ACCOMACK MIDDLESEX
NEW KENT CHARLES CITY
PRINCE GEORGE
DINWIDDIE
BRUNSWICK
MECKLENBURG
HENRY
RICHMOND ESSEX
KING WILLIAM KING AND QUEEN
HENRICO
CHESTERFIELD
GLOUCESTER
MATHEWS
JAMES CITY
SURRY
ISLE OF WIGHT
SOUTHAMPTON
SUFFOLK CHESAPEAKE
GREENSVILLE
NORTHAMPTON
YORK NEWPORT NEWS HAMPTON
SUSSEX
LUNENBURG
PITTSYLVANIA
GRAYSON
HANOVER
GOOCHLAND
CHARLOTTE
FRANKLIN SMYTH
LEE
BLAND
ROANOKE
LOUISA
POWHATAN CUMBERLAND
APPOMATTOX
BEDFORD
CAROLINE
FLUVANNA
NELSON
WESTMORELAND
...
AUGUSTA
BATH
ARLINGTON
FAIRFAX FAUQUIER RAPPAHANNOCK PRINCE WILLIAM
...
PAGE
ROCKINGHAM
BOTETOURT
.
FREDERICK CLARKE WARREN
ALLEGHANY
A jury handed down a Defense verdict in a medical malpractice failure to diagnose and treat case. Notable in that Richmond is usually a plaintifffriendly forum.
..
In Fairfax County, an unusually plaintiff-friendly jury awarded a $12M verdict to the family of a woman who died from a rare presentation of deepvein thrombosis after undergoing a surgical procedure.
VIRGINIA BEACH
CONSERVATIVE
VIRGINIA
LIBERAL MODERATE
46
USLAW NETWORK
WA
STATE JUDICIAL PROFILE BY COUNTY
...
In a case filed in King County, the Supreme Court of Washington held for the first time that punitive damages are available for general maritime unseaworthiness claims. This case is a landmark victory for fishermen, fish processors, deckhands, and seaman.
WHATCOM
SAN JUAN
OKANOGAN
PEND OREILLE
FERRY
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SKAGIT
STEVENS
ISLAND
...
SNOHOMISH
CLALLAM
JEFFERSON KITSAP
CHELAN
DOUGLAS LINCOLN
KING
SPOKANE
MASON GRAYS HARBOR
KITTITAS GRANT
...
LEWIS
...
PACIFIC
ADAMS
PIERCE
THURSTON
FRANKLIN
YAKIMA
WAHKIAKUM COWLITZ
BENTON
WALLA WALLA
WHITMAN
GARFIELD COLUMBIA
ASOTIN
SKAMANIA
... KLICKITAT
CLARK
CONSERVATIVE LIBERAL
In April 2017, a Washington jury awarded $81.5 million in a wrongful death mesothelioma case. Trial was held in Pierce County and included allegations of exposure to friction products and asbestos cement pipe. The $81.5 million verdict is among the largest verdicts ever awarded in Washington and highlights the power of sensitive emotional facts in Pierce County.
MODERATE
47
WASHINGTON
USLAW NETWORK
WV
STATE JUDICIAL PROFILE BY COUNTY
Tri-County Towing, LLC v. City of Lewisburg, No. 21-0920 (Appeal from the Circuit Court of Greenbrier County) In reviewing the appropriateness of the Circuit Court’s dismissal, the WVSCA needed to analyze the provisions of Tri-County’s complaint, but the complaint was not included in the appellate appendix record—only the Circuit Court’s order was included for review. Accepting as “non[-]existing all facts that do not appear in the [appendix] record” and not presuming error that was not evident from the record, the WVSCA affirmed the Circuit Court’s dismissal of TriCounty’s complaint. HANCOCK
Ransom v. Guardian Rehab. Servs., Inc., No. 22-0094 (Appeal from the Circuit Court of Marion County) In analyzing The Business Liability Protection Act, located at West Virginia Code § 61-7-14(d)(3) (2018), in the context of an employee fired for having a gun in plain view in his vehicle at work in violation of company policy, the WVSCA held that no employer may condition employment on an agreement with an employee or a prospective employee prohibiting him/ her from keeping a legal firearm locked inside, or locked to, a motor vehicle in the company’s parking lot when the firearm was maintained for lawful purposes.
BROOKE
OHIO
MARSHALL MONONGALIA
WETZEL
PLEASANTS
RITCHIE
PRESTON
WIRT
TUCKER
ROANE
JEFFERSON
GRANT HARDY
LEWIS CALHOUN
MASON
HAMPSHIRE
DODDRIDGE BARBOUR
JACKSON
BERKELEY MINERAL
TAYLOR
HARRISON WOOD
MORGAN
MARION
TYLER
GILMER UPSHUR
RANDOLPH
BRAXTON
PUTNAM
PENDLETON WEBSTER
CABELL
CLAY KANAWHA NICHOLAS
WAYNE
POCAHONTAS
LINCOLN BOONE
FAYETTE GREENBRIER
LOGAN RALEIGH
MINGO WYOMING
MCDOWELL
SUMMERS
MONROE
MERCER
CONSERVATIVE
WEST VIRGINIA
LIBERAL MODERATE
48
USLAW NETWORK
WI
STATE JUDICIAL PROFILE BY COUNTY
Milwaukee County has returned two multi-million-dollar asbestos verdicts in recent years. In March 2022, a jury returned a $26.5 million verdict in a wrongful death on behalf of a Wisconsin grandfather who died from mesothelioma after being exposed to asbestos while working in the Bottle House at Pabst’s Milwaukee Brewery in the 1970s. The jury awarded $6.545 million in actual damages and $20 million in punitive damages. The case is currently in the appeals process. In May 2023, a jury also awarded a $9.7 million verdict in a secondary exposure of asbestos case where the named plaintiff died in 2019 of mesothelioma. She was exposed as a child when her stepfather, who worked as a sheet-metal mechanic, unknowingly brought home asbestos fibers on his clothing after working with asbestos-containing products at various job sites in the Milwaukee area. The appeal was denied. In February 2020, a Racine jury reached a $38.1 million verdict in a products liability case. The plaintiff suffered significant injuries when he was rear-ended while driving a 2013 Hyundai Elantra. Plaintiff argued a defect within the front seat headrest and seatback caused the injuries, and absent the defect, the plaintiff would have walked away from the accident. The Court of Appeals affirmed the decision and the Wisconsin Supreme Court denied petition to review case.
BAYFIELD
DOUGLAS
ASHLAND
IRON VILAS
BURNETT
WASHBURN
SAWYER
FLORENCE ONEIDA
PRICE
FOREST POLK
BARRON
RUSK
MARINETTE LINCOLN
LANGLADE
TAYLOR ST. CROIX
DUNN
CHIPPEWA
MENOMINEE
OCONTO
DOOR
MARATHON PIERCE PEPIN
SHAWANO
CLARK
EAU CLAIRE
KEWAUNEE BUFFALO
PORTAGE
WOOD TREMPEALEAU
WAUPACA
OUTAGAMIE
BROWN
JACKSON MANITOWOC
WAUSHARA LA CROSSE
MONROE
JUNEAU
WINNEBAGO CALUMET
ADAMS MARQUETTE GREEN LAKE
FOND DU LAC
SHEBOYGAN
VERNON RICHLAND
COLUMBIA
SAUK
OZAUKEE
DODGE
WASHINGTON
CRAWFORD
CONSERVATIVE LIBERAL MODERATE
...
LAFAYETTE
...
GRANT
DANE
GREEN
JEFFERSON WAUKESHA
ROCK
WALWORTH
Typically a conservative venue; however, in January 2008 a jury returned a $35,314,585 verdict against Waukesha Memorial Hospital in a medical malpractice action involving allegations that a nurse at Waukesha Memorial introduced air into an IV line during a blood transfusion to a 2-week old, premature infant and that the air then travelled to the infant’s brain causing permanent brain damage. This verdict is particularly notable because although Waukesha County is typically conservative, this is the largest medical malpractice verdict obtained in the state of Wisconsin to date. The parties ultimately settled after trial but Waukesha Memorial was still on the hook for $27 million.
49
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IOWA
MILWAUKEE
RACINE
KENOSHA
WISCONSIN
USLAW NETWORK
WY
STATE JUDICIAL PROFILE BY COUNTY
In March 2019, the Wyoming Legislature created a Chancery Court in Wyoming. See Wyo. Stat. § 5-13-101 et seq. Its purpose is to provide a forum for streamlined resolution of commercial, business, trust and similar issues. Its jurisdiction will be over actions seeking declaratory or injunctive relief and actions seeking money recovery over $50,000.00 that arise from claims including breach of contract, breach of fiduciary duty, fraud, derivative actions, the Uniform Commercial Code, and the Uniform Trust Code. While the Chancery Court is still in the process of being established, it will significantly change Wyoming’s legal landscape going forward.
SHERIDAN CROOK
BIG HORN
PARK
CAMPBELL JOHNSON WASHAKIE
TETON
WESTON
HOT SPRINGS
FREMONT
NATRONA
CONVERSE
NIOBRARA
SUBLETTE
...
...
PLATTE
LINCOLN
...
SWEETWATER
GOSHEN
CARBON
ALBANY
LARAMIE
UINTA
A Wyoming district court case resulted in a verdict for $2.2 million in a wrongful death case. The case involved traffic control put in place through a construction zone. The decedent was riding a motorcycle when he was struck by another vehicle. It was alleged that the other driver was confused by the traffic control and turned in front of the decedent. The jury apportioned fault between the construction company, traffic control company, and the encroaching driver with the majority of fault being apportioned to the construction company and traffic control company. The verdict amount was more than the amount plaintiffs’ counsel asked for in his closing, and it seems to represent an emerging trend in Wyoming for larger jury verdicts in traditionally moderate and conservative counties.
CONSERVATIVE
WYOMING
LIBERAL MODERATE
50
2024 USLAW NETWORK
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ALABAMA | BIRMINGHAM Carr Allison Charles F. Carr............................ (251) 626-9340 ccarr@carrallison.com
MASSACHUSETTS | BOSTON Rubin and Rudman LLP John J. McGivney........................ (617) 330-7000 jmcgivney@rubinrudman.com
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MINNESOTA | ST. PAUL Larson • King, LLP Mark A. Solheim......................... (651) 312-6503 msolheim@larsonking.com
UTAH | SALT LAKE CITY Strong & Hanni, PC Kristin A. VanOrman.................. (801) 323-2020 kvanorman@strongandhanni.com
FINLAND Lexia Attorneys Ltd. Markus Myhrberg.................... +358 10 4244200 markus.myhrberg@lexia.fi
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a bout
uslaw network 2001. The Start of Something Better. Mega-firms...big, impersonal bastions of legal tradition, encumbered by bureaucracy and often slow to react. The need for an alternative was obvious. A vision of a network of smaller, regionally based, independent firms with the capability to respond quickly, efficiently and economically to client needs from Atlantic City to Pacific Grove was born. In its infancy, it was little more than a possibility, discussed around a small table and dreamed about by a handful of visionaries. But the idea proved too good to leave on the drawing board. Instead, with the support of some of the country’s brightest legal minds, USLAW NETWORK became a reality.
Fast forward to today. The commitment remains the same as originally envisioned. To provide the highest quality legal representation and seamless cross-jurisdictional service to major corporations, insurance carriers, and to both large and small businesses alike, through a network of professional, innovative law firms dedicated to their client’s legal success. Now as a diverse network with more than 6,000 attorneys from more than 80 independent, full practice firms across the U.S., Canada, Latin America and Asia, and with affiliations with TELFA in Europe, USLAW NETWORK remains a responsive, agile legal alternative to the mega-firms.
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