Colorado Shouldn't Follow California into Judicial Hellhole

Date: December 06, 2023

Latest American Tort Reform Foundation’s rankings have important lessons for Legislature

FOR IMMEDIATE RELEASE
Contact: Tony Gagliardi, Colorado State Director, [email protected],
or Tony Malandra, Senior Media Manager, [email protected]

DENVER, Dec. 6, 2023—Colorado’s policymakers would do the state well to make yesterday’s release of the American Tort Reform Foundation’s latest Judicial Hellholes report part of their holiday reading, according to the state director for Colorado’s leading small business association.

“Like many Western states, Colorado has had a healthy influx of people who have moved here from California, and I believe the economic and legal climate in California is a big part of the reason,” said Tony Gagliardi, Colorado state director for the National Federation of Independent Business (NFIB).

“At a minimum, I would highly encourage all lawmakers to at least read Pages 30 to 40 of the Judicial Hellholes report to see what California has gotten itself into and what it is costing that state. Little of it has helped people except for the trial attorneys who have been substantially enriched by it all.”

Colorado already follows California’s lead on emission standards. Gagliardi said it should stop there. He called it fortunate Colorado did not make the Judicial Hellholes list (only nine jurisdictions did), and California was the only one from the West.

From Page 30 of the report: “The ‘Golden State’ is the plaintiffs’ bar’s laboratory for finding innovative new ways to expand liability through both the courts and legislature. These novel theories of liability are burdening small businesses and bogging down the state’s economy. Even in areas where the U.S. Supreme Court has stepped in to rein in lawsuit abuse, the California Supreme Court has disregarded precedent and expanded liability. From abusive Proposition 65 and Private Attorneys General Act (PAGA) litigation, to serial plaintiffs filing hundreds of lawsuits under the Americans with Disabilities Act, the list of issues with the state’s civil justice system is endless. Rather than address the abuses and improve the litigation climate, state leaders seem to embrace the Judicial Hellholes® moniker.”

Keep up with the latest Colorado small-business news at www.nfib.com/co or by following NFIB on Twitter @NFIB_CO or on Facebook @NFIB.CO.

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For 80 years, NFIB has been advocating on behalf of America’s small and independent business owners, both in Washington, D.C., and in all 50 state capitals. NFIB is a nonprofit, nonpartisan, and member-driven association. Since its founding in 1943, NFIB has been exclusively dedicated to small and independent businesses and remains so today. For more information, please visit nfib.com.

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