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July 18, 2007

Risky Business: New Analysis of State Legal Climates

Today, the National Association of Manufacturers points to a new study of state legal climates compiled by Steven B. Hantler, Chrysler’s Assistant General Counsel for Government and Regulation and Chairman of the American Justice Partnership.

The new study, entitled “Risky Business: The annual boardroom guide to litigation in the 50 states,” was published in Directorship magazine.

Hantler said the study, “provides the first ever ranking of state legal environments that combines economic science, real world corporate experience and input from state legal reform experts - people with the most current intelligence from the front lines.”

The study is based on two well known studies, the Pacific Research Institute’s 2006 Tort Liability Index and the U.S. Chamber’s Institute for Legal Reform survey, “Lawsuit Climate 2007: Ranking the States.” These two studies produce different results because they measure different variables. In this new analysis, Hantler introduces his own index to moderate the effects of the different methodologies used in the other two studies.

The study ranks Maryland 35:

“Maryland has reasonable limits on noneconomic damages, medical liability reform, and some modest punitive damage reforms. Insurance loss ratios in the state rank 24th in the nation. Nonetheless, the three indices rank Maryland’s liability climate at 29, 46 and 29, indicators that the state’s liability climate discourages growth and jobs creation. The Supreme Court has an activist majority and the trial bar is pushing aggressively for “market share” liability standards in lead paint litigation. With trial lawyer-friendly majorities in both houses of the legislature and the Governor’s mansion, Maryland’s liability climate should not be expected to improve.”

To read the full study, click here.

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