Nicole Riley, state director of the National Federation of Independent Business, today called on the General Assembly to ensure that the state’s legal system is fair to all sides.
Riley’s comments came in response to a report released today by the American Tort Reform Foundation that cited Newport News as No. 8 on its list of “Judicial Hellholes.”
“The ATRF’s report is a powerful reminder that we need a court system that treats everyone equally,” Riley said. “We don’t need a system that gives either side an unfair advantage.”
According to the ATRF’s 2016-17 report, the commonwealth has enjoyed a “generally positive reputation” in terms of Virginia’s civil litigation climate. However, the foundation said, “The same can hardly be said for asbestos cases prosecuted in Circuit Court for the City of Newport News, Virginia, in which legal and evidentiary rulings tilt strongly in favor of plaintiffs.” The ATRF said the case of George Parker v. John Crane Inc. “offers a case study in the difficulties faced by defendants there, and why it is that plaintiffs’ 85% win-rate is the highest of any jurisdiction hearing asbestos claims in the United States. The deck plainly lists against any company brave enough to defend itself at trial in this waterside, shipbuilding town.”
Riley said, “Running any company is a constant balancing act. Small-business owners have to think through every decision in order to try to avoid a costly lawsuit down the road.
“The fact of the matter is that small businesses are especially vulnerable to legal attacks,” Riley said. “Small businesses don’t have staff attorneys to smack down every nuisance suit or bogus accusation. What’s especially frustrating is that it doesn’t necessarily matter whether a small business did nothing wrong. When a small business is sued, it often has to spend thousands of dollars to defend itself. Just one frivolous lawsuit can be enough to put a small business out of business, even if the business ends up ‘winning.’
“That’s why we’re asking lawmakers to take a serious look at legal reform,” Riley said. “We need to ensure Virginia has a legal environment where everyone is treated equally.”
NFIB is Virginia’s leading small-business association. To learn more, visit www.NFIB.com/VA and follow @NFIB_VA on Twitter.
