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    INTRODUCTIONThe Current State of Philadelphia Courts

    The performance of the Philadelphia court system, and in particular,the Complex Litigation Center, has been the subject of great

    debate for years, generating extreme passion among its supporters

    and detractors.

    To its supporters and many of the attorneys who practice their craft

    there, the Philadelphia Court system is an efficient, balanced system

    that provides predictability. Independent analysts and the

    Pennsylvania Supreme Court have routinely lauded it for its

    efficiency and fairness.

    To others, it is a place where corporations are unfairly burdened,

    juries provide jackpot justice to unworthy litigants, harming job

    growth and abandoning basic fairness. Of special focus has been

    the Complex Litigation Center (CLC), which has, according to well a

    funded national special interest group, won the dubious distinction

    of making Philadelphia a judicial hellhole.

    Both of the above simply cannot be true. And unlike some partisan

    debates, the one over our courts isnt about sound bites and

    fundraising opportunities. It has a real impactthe rights of

    individuals and corporations are impacted by how the courts are

    perceived by legislators, the public and even members of the

    judiciary. This is no small matter in the city where our rights andprotections as Americans were first enshrined.

    Taking Back Our Courts, a project of Keystone Progress, is issuing this

    report, which for the first time looks at what is actually happening in

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    Philadelphias courts and compares it to other court systems both in

    Pennsylvania and to courts that are similar in size and scope

    nationally.

    It is critical to note that due to the complex nature of the courts in

    the United States, no two state court systems are exactly alike.

    Annual judicial reports by state courts can vary widely. Therefore, it

    requires a strategic and systematic approach to collect the data

    from each state to allow for comparison across state and county

    lines.

    For example, until now the Philadelphia courts were the only courts in

    the statethat counted their cases from first filing as trial ready. Thismeant that whereas Philadelphia courts counted 100% of their civil

    cases, all of the other counties in Pennsylvania on average countedonly 30% of their civil cases. [This is according to the most recent

    assessments by the Administrative Office of Pennsylvania Courts(APOC)].

    Starting this year, the Administrative Office of Pennsylvania Courts is

    changing how they collect Pennsylvania counties civil caseloaddata. The total civil caseload for the rest of the counties in the state

    is estimated to jump up to 300% because of the new, more accurateways of counting civil cases. 1

    This underlines the degree of difficulty it requires to put together

    comprehensive and accurate judicial reports. It is also why officialgovernment judicial data prepared by U.S. Department of Justice

    and the National Center for State Courts is so important. It is by

    including much of their work that we believe that this report is themost accurate declaration of the reality of Philadelphia courts todate.

    Our data comes from the most reliable sources on the matter of

    judicial statistics including 2012 data from the National Center for

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    State Courts, 2012 data from the Administrative Office of

    Pennsylvania Courts, a 2011 report by the Court Statistics Project, a2009 study by Cornell University Law School, a 2004 comprehensive

    study by the National Center for State Courts, official Capitol Hill

    testimony by expert witnesses, data from the First District ofPhiladelphia Courts, the Rand Institute for Civil Justice, the Bureau ofJustice Statistics, the American Bar Foundation, the General

    Accounting Office, and the Pennsylvania Court of Common Pleas.

    We believe the following analysis, and the conclusions it supportsabout the Philadelphia Court system, is unprecedented in its scope.

    Unlike other reports all sources are cited so others can verify ourdata and our conclusions.

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    Executive SummaryThe most recent official reports comparing Philadelphia courts to

    other civil and complex litigation courts in the United States paints a

    far different picture than the portrait constructed by national

    lobbying and advocacy groups. Far from being a judicial hellhole

    overrun by frivolous cases, the

    data shows that Philadelphias

    court system not only has an

    appropriate number of cases

    relative to its size, but it handles

    them quickly and efficiently withno apparent favoritism towards

    plaintiffs.

    The following are some of the highlights:

    ! The NCSC recognizes that the Philadelphia court's handling of

    civil jury cases is now better than that of anylarge urban trial

    court in the United States. 2 Furthermore, the NCSC praised the

    Philadelphias Complex Litigation Center (CLC) due to its high

    levels of success in accuracy and fairnessof a large number of

    complex cases in its courts.

    ! Comparing the plaintiff median amounts awarded in tort trialsto other courts in the most populous counties in the United

    States,Philadelphia courts are significantly below the nationalmedian. For example, the median award amount of winners in

    New York, NY was $227,000, in Miami (Dade), FL it was $128,000and in Los Angeles, CA it was $106,000. Philadelphia tort trial

    plaintiffs won a median amount of $20,000. 3

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    ! Philadelphia ranks in thebottom 30% of major metropolitanareas in terms of median final damage amounts awardedtoplaintiffs in tort trials. 5

    ! According to the two most recent Bureau of Justice Statisticsreport on the matter, Philadelphia dropped 40% in tort trialmedian amounts awardedfrom 2001 to 2005. The total medianamount awarded in 2001 was $49,000. The total in 2005 was

    $20,000.14, 15

    ! In regards to the Philadelphia CLC, "there was consensus thatthe Philadelphia Court of Common Pleas was able to dispose

    of mass tort cases far more expeditiously than the U.S. DistrictCourt for the Eastern District of Pennsylvaniaor any federal'Multidistrict Litigation' (MDL) court." 29

    The Philadelphia courts have been one of the most awardedcourts in the country. On page 19, the list highlights only asampling of the awards that the First District Court has won overthe past 7 years. Some of the awards included the National

    Association of Court Managements 2009 Justice Achievement

    Awardand the Philadelphia Volunteers for the Indigent VIPsGovernment Participation Award.4

    ! An independent analysis of the Judicial Hellhole report titled,

    U.S. Chamber of Commerce Liability Survey: Inaccurate,

    Unfair, and Bad for Business outlines the reasons why the

    Judicial Hellholes reportis biased towards large corporations

    and their attorneys. The study specifically states the Judicial

    Hellholes report as presenting evidence that the survey issubstantively inaccurate and methodologically flawed.35

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    Data on Philadelphias CourtsThe following data compares Philadelphia to other Pennsylvania

    courts as well as to courts nation-wide. The data comes from several

    official reports and offers a clear-eyed perspective of the nature ofPhiladelphia courts.

    The facts below are taken from the 2010 United States Census, 2010

    Administrative Office of Pennsylvania

    Courts(APOC), Caseload Statistics

    report, the 2009 Court Statistics Project

    (CSP) Caseloads report, the 2009 CSP

    Tort Trend in General Jurisdiction Courts

    2000 - 2009 report, the 2009 CSP Total

    Civil Caseloads, the 2009 CSP Drop in

    Pennsylvania Medical Malpractice report, the 2007 National Center

    for State Courts Analysis of State Courts Caseloadsreport, and the

    2005 U.S. Dept. of Justice*Tort Bench and Jury Trial Stats report.

    [*The 2005 U.S. Department of Justice reports on the majority, but not all, of the most populous counties inthe United States. A limited number of counties were unable to be compared evenly across various

    statistical categories.] 6

    Philadelphia vs. Pennsylvania CourtsPlaintiff Winners in Philadelphia Tort Trials Won Less on Average Thanin Other Pennsylvania CourtsAccording to the most recent official report, the total median

    plaintiff awards from tort trials places Philadelphia 3rd out the 4

    Pennsylvania counties surveyed*.7 Despite some reports claiming that

    when compared to other Pennsylvania county courts Philadelphia is

    extreme. This actually places Philadelphia courts behind much

    smaller courts in terms of total median awards in tort trials.

    (Appendix, Table 5,http://bjs.ojp.usdoj.gov/content/pub/pdf/tbjtsc05.pdf&

    from data provided by Cornell University Law School)

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    Total Civil Caseloads in Philadelphia Courts are Proportionate To Its

    Population; Even When Compared to Other Counties

    Though recent reports have attempted to frame Philadelphia courts

    as extreme, they are actually well within the bell curve for total civil

    caseload in respect to population when compared to other

    counties.8, 9

    The following charts on pages 12 & 13 reflect the ratio of each

    Pennsylvania County to the total population reported in the 2010

    Census. The data comes from the Administrative Office of

    Pennsylvania Courts and the 2010 Census website. Specifically, the

    graphs use 2010 total incoming civil caseload by county inPennsylvania and the 2010 total population by county in

    Pennsylvania. 11, 12

    The ratio indicates that Philadelphia courts are right where they

    ought to be (2.24%) in terms of total civil caseload. When one

    compares Philadelphia courts to other counties its civil caseload

    ratio is actually lower than smaller in size Monroe (2.68%) and Pike

    (2.49%) counties.

    This must mean that though Philadelphia County stands at 12.2% of

    the states population (not including metropolitan population) the

    largest city by far in the state of Pennsylvania it still maintains a ratio

    of civil cases to population that is well within the normal ratio of civil

    cases to population for Pennsylvania.

    Furthermore, until now the Philadelphia courts were the only courts inthe state that counted their cases from first filing as trial ready. This

    meant that whereas Philadelphia courts counted 100% of their civil

    cases, all of the other counties in Pennsylvania on average counted

    only 30% of their civil cases. With data collection changes being

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    implemented this year, the total civil caseload for the rest of the

    state is estimated to jump up to 300%. [This is according to the most

    recent assessments by the Administrative Office of Pennsylvania

    Courts].10

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    Philadelphia vs. Courts Nation-WideThe following data uses the most recent comprehensive informationavailable comparing Philadelphia to courts nation-wide. The

    comparison includes plaintiff award amounts, winner percentagerates and rate of medial malpractice cases.

    Philadelphia Ranks In the Lowest 30% in Total Damages Awarded inTort Trial CasesPhiladelphia ranks in the lower 30% of all major metropolitan areas in

    terms of median final damage amounts awarded to plaintiffs in torttrials. The range of median plaintiff awards in the top 70% across the

    most populous counties are from $21,000 to $227,000. For example,

    the median award amount of winners in New York, NY was $227,000,in Miami (Dade), FL it was $128,000 and in Los Angeles, CA it was$106,000. The median total in Philadelphia was $20,000*. 13

    (Appendix, Table 5,http://bjs.ojp.usdoj.gov/content/pub/pdf/tbjtsc05.pdf)

    Median Amount of Total Trial Awards Decrease 40% in 4 years in

    Philadelphia Courts

    According to the two most recent Bureau of Justice Statistics report

    on the matter, Philadelphia dropped 40% in tort trial medianamounts awarded from 2001 to 2005. The total median amount

    awarded in 2001 was $49,000. The total in 2005 was $20,000*. 14, 15

    (2005, Appendix, Table 5 http://bjs.ojp.usdoj.gov/content/pub/pdf/tbjtsc05.pdf

    & 2001, Appendix F http://bjs.ojp.usdoj.gov/content/pub/pdf/ctcvlc01.pdf)

    Plaintiff Winners in Philadelphia Tort Trials Received Less Than the Top

    50% of Tort Trial Plaintiff Winners When Compared to Most PopulousCounties

    Despite some claiming Philadelphia as plaintiff-biased, Philadelphias

    tort awards are well below other counties nation-wide. Comparing

    the median amount awarded to other courts the most populous

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    counties, plaintiff award amounts in Philadelphia courts are

    significantly smaller than the national median. The U.S. Bureau of

    Justice Statistics found that 60% of all tort plaintiff winners win on

    average $50,000 or less*. 16

    Philadelphia tort trial plaintiffs won a median amount of $20,000 or

    less.17

    (Appendix, Table 5, http://bjs.ojp.usdoj.gov/content/pub/pdf/tbjtsc05.pdf&

    http://www.bjs.gov/content/pub/ascii/cbjtsc05.txt)

    Philadelphia Ranks Outside Top 12 Metropolitan Areas per Rate of

    Tort Trial Plaintiff WinnersPhiladelphia tort trial plaintiffs winning percentage ranks outside the

    top 12 metropolitan areas surveyed. According to the most recentcomprehensive official government study, the total percent of

    plaintiff winners in Philadelphia courts was at 57.5%. 18

    This number is significantly lower than other courts where plaintiffswinning rates rise as high as 83.3% (Mecklenburg, NC) and 71.9%

    (Franklin, OH)*. 19

    Furthermore, this places plaintiffs in Philadelphia courts as nearlysplitting the decisions with the defense in tort trial cases. This is

    establishes Philadelphia courts as far from the extreme that some try

    to illustrate them to be.

    (Appendix, Table 4,http://bjs.ojp.usdoj.gov/content/pub/pdf/tbjtsc05.pdf)

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    Philadelphia Ranks Significantly Lower In Percentage of MedicalMalpractice Cases When Compared to Others; Rate of Such CasesDroppingAccordingto the most recent data compiled by the Bureau of

    Judicial Statistics, Philadelphia medical malpractice cases accountfor only 11.7% of the total tort cases. This is in comparison to thehighest percentage, found in Wayne, Michigan - in which medical

    malpractice cases account for 37.5% of its total tort cases. Thisactually puts Philadelphia in the bottom 20% of the most populous

    counties in America in terms of the ratio of medical malpracticecases to total tort cases. 20

    (Appendix, Table 3,http://bjs.ojp.usdoj.gov/content/pub/pdf/tbjtsc05.pdf)

    In fact, Pennsylvania as a whole dropped 42% over the last decade

    in the total amount of medical malpractice cases. This is the highestdrop in states surveyed by the 2009 Court Statistics Project report. 21

    (http://www.courtstatistics.org/Civil/CivilMedicalMalpractice.aspx)

    [*The 2005 U.S. Department of Justice reports on the majority, but not all, of the most populous counties inthe United States. A limited number of counties were unable to be compared evenly across various

    statistical categories.]

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    Official Acclaim & Recognition for

    Philadelphia

    National Center for State Courts Describes PhiladelphiasComplex Litigation Center (CLC) as Impressive

    In one of the most recent comprehensive studies of civil courts, the

    NCSC focused on Philadelphias Complex Litigation Center (CLC),reporting on its high levels of success in accuracy and fairness of a

    large number of complex cases.

    The NCSC concluded that, during the past 12 years, the(Philadelphia) Civil Section has undertaken an impressive effort to

    eliminate its case backlog and improve the flow of cases. This efforthas met with considerable success in reducing the size of its pending

    civil inventory and the age of cases at disposition. 22

    The NCSC pointed to the Philadelphia CLC as a court system as anexample that other courts could model. Some of the key findings are

    as follows:

    ! "The Court's handling of

    civil jury cases is now

    better than that of any

    large urban trial court in

    the United States." 23

    ! The Philadelphia "Civil

    Section of the Trial

    Division in thePhiladelphia Court of

    Common Pleas one of the finest and most successful urban trial

    courts in the country." 24

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    Pennsylvania Courts Recognized for Work To Increase

    EfficiencyPhiladelphia Common Pleas Court Helped Set Standard

    As recent as December 2011, the Pennsylvania courts wererecognized by the U.S. Department of Justice and the National

    Center for State Courtsfor their work toincrease efficiency in the court system.

    The civil cover sheet that theAdministrative Office of Pennsylvania

    Courts (APOC) created has had a directimpact on increasing the efficiency in

    the First District Courts in Philadelphia. 30

    The sheet increases efficiency forjudges, litigants, and attorneys involved in the case by consolidating

    the key facts related to the civil cases coming before the courts. Thedata gained from the civil cover sheets will allow for Pennsylvania

    courts to continue leading the country in the most up-to-date courtreporting practices.

    The work to make this happen took over three years and APOC had

    to collaborate with judges, litigants, and attorneys closely to makeaccomplish this. The end product has made the courts even more

    appealing for all those involved in trying civil court cases inPennsylvania.

    This is only the most recent example of how the Pennsylvania andPhiladelphia court systems lead the nation in innovative ideas to

    make the justice system a better place to obtain fair access tojustice for everyone.

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    Award-Winning Philadelphia CourtsThe Philadelphia courts have been awarded a number ofaccolades. The list below highlights only a sampling of the awards

    that the courts have won over the past 7 years.

    National Association of Court Managements 2009 JusticeAchievement AwardThe First Judicial District was awarded the National Associationof Court ManagementsJustice Achievement Award for

    Mortgage Foreclosure Diversion Pilot Program. 31

    2009 Philadelphia VIPs Government Participation Award byPhiladelphia Volunteers for the Indigent

    Presented by the Philadelphia Volunteers for the Indigent,Awarded to the First Judicial District of Pennsylvania ResidentialMortgage Foreclosure Program. 32

    2008 John Neufeld Court Achievement AwardThe First Judicial District was awarded the Mid-AtlanticAssociation for Court Managements 2008 John Neufeld Court

    Achievement Awardfor Mortgage Foreclosure Diversion PilotProgram. 33

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    The Chambers willingness to vilify statesand counties to

    promote both itselfand legislation may be the product of the

    same mentality that has led to shocking business failures.

    Companies, such as General Motors, with once seemingly

    impregnable market positions, spent excess time and effortlobbying for and against laws rather than seeking to improve

    their products. 36

    The U.S. Chamber may be leading other members down a

    similar path.A credible argument exists that the Chamber

    harms businessby irrationally discouraging investment. Based

    on the views of risk managers and those who seriously study the

    effect of the tort system, the Chamber may also unnecessarily

    endanger the public safety by decreasing tort laws deterrenteffect. 37

    Additionally, official testimony on Capitol Hill in 2004, supports the

    Cornell Law School study pointing out the inherent flaws in the U.S.Chamber of Commerces Judicial Hellholes report.

    Key findings presented in the testimony are explicated from work

    provided bythe Rand Institute for Civil Justice, the Bureau of Justice

    Statistics, the American Bar Foundation, and the GeneralAccounting Office. The highlights are as follows:

    ! The notion of awards increasing and lawsuits increasing is not

    supported by the facts.

    ! The Rand Institute of Civil Justice researchers in a recent articlein the Journal of Empirical Legal Studies did a 40-year long-term study of awards. They found, ''the growth or decline in

    awards does not appear to be substantial enoughto supportclaims of radically changing jury behavior over the past 40years.'' 38

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    ! The Government's Bureau of Justice Statistics confirms a 10-year decline in median tort awards. 39

    ! The National Center for State Courts, which is the leading

    clearinghouse for State court statistics, shows tort filings havedeclined in recent years, over the last decade. 40

    ! Americans are far from the most litigious large industrializednation. All serious studies of punitive damages find they arerarely awarded.They are awarded largely in cases ofintentional misbehavior. They are modest, and they are strongly

    correlated with the harm done by the defendants. 41

    In reference specifically to the U.S. Chamber of CommercesJudicial Hellholes Report:

    ! We've been told that the Bronx is a crazy jurisdiction forplaintiffs. In fact, Professors Vidmar and Roe have studied the

    Bronx and found no unusual damage patterns. 42

    ! We were told that Alabama was crazy on punitives. The RandInstitute of Civil Justice studied that and found no unusualpattern of punitive awards in Alabama. We just don't have the

    evidence to back up the behavior. 43

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    Wright Report Skews Data on Philadelphia Courts

    Another fact chect was completed on a report authored by Joshua

    D. Wright, an author from George Mason University. The report, which

    looked to confirm bias in Philadelphia courts is titled, Are Plaintiffs

    Drawn to Philadelphia Courts?

    Several statistics were skewedto frame

    Philadelphia courts as extreme.

    As mentioned above until now the

    Philadelphia courts were the only courts in

    the state that counted their cases from firstfiling as trial ready. This meant that

    whereas Philadelphia courts counted 100%

    of their civil cases, all of the other counties in

    Pennsylvania on average counted only 30%

    of their civil cases. With data collection changes being implemented

    this year, the total civil caseload for the rest of the counties in the

    state is estimated to jump up to 300%because of the new, more

    accurate ways to count cases. 44

    This meant Mr. Wright made a fundamental mistake in trying to show

    Philadelphia courts as having a significantly higher degree of cases

    than the rest of the state.

    Additionally, Mr. Wright claims an exceptionally high rate of win

    percentage in Philadelphia when compared elsewhere. In the

    study, Mr. Wright shows a chart in his report (Figure 6 on page 22)

    that shows in 2010 less than 24% of plaintiffs won their medical

    malpractice cases. For Mr. Wright to claim that less than a quarter of

    the time plaintiffs in medical malpractice cases win their casesand

    Joshua D. Wright

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    yet this data shows a bias towards plaintiffs shows a fundamentally

    flawed logic. If anything this data shows a plaintiff to the defense

    side, in effect the defense has won 76% of the cases. 45

    The Wright report was inherently flawed, because the statistics he

    used were not evenly comparable data. The data that will be

    coming out in the 2012 Administrative Office of Pennsylvania Courts

    annual report will be significantly more useful for more accurate

    analysis.

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    ConclusionNow that a comprehensive analysis of all the most recent official

    reports has been completed, it seems safe to say that Philadelphia

    courts are well respected by many national judicial watchdogs and

    even has been found to be a model for other large urban courts.

    Judging from the data we found when comparing Philadelphia to

    both other counties in Pennsylvania and across the country,

    Philadelphia is by far from extreme. Much of the civil caseload data

    points to Philadelphia being within the norm in total caseload. As

    new civil caseload data comes in this year, the Administrative Officeof Pennsylvania Courts will have its most accurate totals yet. These

    totals will likely place the ratio of Philadelphias population to total

    civil caseload even lower.

    Additionally, much of both the tort trial plaintiff winner rate

    percentage and median plaintiff awards capture an image of

    Philadelphia as actually on the much lower end than other counties

    similar in size and scope. When we discovered this, we were amazedthat recent reports did not include this data in their estimation of

    fairness and accuracy of Philadelphia courts.

    Much of what we found in our report is eye-opening and seems to

    strongly suggest that Philadelphia courts has been largely unfairly

    painted as extreme. With this new data, there is an opportunity to

    correct this image and provide balance to the scales of justice.

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    AppendixKey Concepts

    What is a class action?The National Center for State Courts (NCSC) defines a class action asa lawsuit in which a single person, or a small group of people,

    represents the interests of a larger group that is similarly situated. 11

    What is a tort?A tort is a civil wrong that. It is something a person,

    an organization, or a business unfairly does to harm

    your physical health, emotional health, or lose outfinancially due to negligence.

    What is mass tort?The NCSC defines a mass tort as a civil actioninvolving numerous plaintiffs suing a few, common

    corporate defendants in state or federal court for an action arisingfrom a single accident or exposure to some product or substance. 46

    What models have worked best for complex litigation cases likeclass action or mass tort?The NCSC describes preferable models as those courts that focus on

    improved efficiency, improved quality of judgments, predictability,better-prepared parties and judges, and judges who are

    experienced in the subject matter.

    Philadelphia, PA courts use the method of complex litigation docketswhich includes jurisdiction over business and non-business cases

    alike.

    The NCSC has recognized the Philadelphia courts for their methodfor dealing with mass tort and class action suits as their method has

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    been evaluated favorably amongst other courts across the

    country. 46

    What is the Philadelphia Complex Litigation Center?

    The Complex Litigation Centerwas the first courthouse in the UnitedStates designed exclusively for complex, multi-filed Mass Tort caseswhen it opened on February 10, 1992. For example, as of March

    2012, thousands of women have banded together under the label ofmass tort implicating that after using Bayers Yaz and Yasmin drugs

    they caused significant and severe to their health. Cases like theseare how many consumers harmed by the same negligence file their

    case.

    Who is the National Center for State Courts?The National Center for State Courts(NCSC) is an independent,

    nonprofit court improvement organization. The NCSC is theorganization courts turn to for authoritative knowledge and

    information, because its efforts are directed by collaborative workwith the Conference of Chief Justices, the Conference of State

    Court Administrators, and other associations of judicial leaders.

    What is the Court Statistics Project?

    The Court Statistics Project(CSP) is a collaborative effort by the U.S.Department of Justice, the U.S. Bureau of Justice Statistics, the

    Conference of State Court Administrators, and the National Center

    for State Courts. The CSP provides a systematic means to develop a

    valid, uniform, and complete statistical database that details the

    operation of state court systems. It provides high-quality, baseline

    information on state court structure, jurisdiction, reporting practices,

    and caseload volume and trends.

    What is the U.S. Chamber of Commerce?

    The U.S. Chamber of Commerce is not a department of the United

    States government. The U.S. Chamber of Commerce is a lobbying

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    group. The Chamber of Commerces main efforts focus on

    protecting the interest of businesses. It is the largest lobbying firm in

    the countryand some estimates suggest they spend 5 times as much

    on lobbying ($145,000,000) than its next closest competitor, Exxon

    Mobil.

    What is the American Tort Reform Association (ATRA)?

    The American Tort Reform Association is a lobbying group that works

    closely with groups like the U.S. Chamber of Commerce to influence

    citizens understanding of the judicial system, judicial elections, and

    tort law. For example, as recent as 2011, the American Tort Reform

    Association (ATRA) spent millions in judicial campaigns(WithPennsylvania leading the country). ATRA has been very successful in

    electing judicial candidates of its choosing, who support their hyper

    pro-corporate interests.

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    Resources on Business Courts and

    Complex Litigation Centers

    Applebaum, Lee The Steady Growth of Business Courts. Future

    Trends in State Courts 2011. This article reviews the two-decade

    evolution in the creation of business or complex litigation courts

    or dockets within state trial courts.

    Tennille, Hon. Ben F. and Corinne B. Jones. Developments at the

    North Carolina Business Court.Future Trends in State Courts

    2010. This article provides an update on the North CarolinaBusiness Court, which was first established in 1996.

    Hannaford-Agor, Paula. "Comment: Federal MCL Fourth and

    Suggestions for State Court Management of Mass

    Litigation."(2006). This article provides general ideas and

    suggestions for caseload management in the context of the

    most common types of procedural environments in state

    courts.

    "Managing Complexities in Civil Cases."NCSC, National

    Association of State Judicial Educators, and National Judicial

    College. (2006). This curriculum was designed to assist state trial

    judges in developing and presenting educational programs for

    their colleagues.

    Hannaford-Agor, Paula. "Complex Litigation: Key Findings from

    the California Pilot Program."Civil ActionVol. 3 No.1 (2004). This

    article covers the NCSC's evaluation of the California Complex

    Litigation Program. It traces the improvements in the three

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    years since the program's inception and provides guidelines for

    future improvement and evaluation.

    Hannaford-Agor, Paula, Nicole Mott, and Timothy Faulsko.

    "Evaluation of the Centers for Complex Civil Litigation Pilot

    Program."NCSC and the California Administrative Office of the

    Courts (June 2003). This pilot program required a report

    evaluating the effectiveness of the program, including the

    number of complex cases filed, the impact of the pilot program

    on case and calendar management, and their impact on the

    trial courts, the attorneys, and the parties.

    Hannaford, Paula, David Rottman, and Roxana

    Gonzalez. "Focus on Business and Complex Litigation

    Courts."Civil Action: Vol 1 No 1 (August 2000). This issue

    addresses commercial courts, business courts,

    Aikman, Alexander B. Managing Mass Tort Cases: A Resource

    Book for State Trial Court Judges. (December

    1995).Williamsburg, VA: National Center for State Courts Thisresource book for state court trial judges was created from the

    discussion at the first National Mass Tort Conference.

    The following statelink provides information on specific

    programs in 26 states including the Philadelphia programs:

    http://www.ncsc.org/Topics/Specialty-Courts/Business-

    Specialty-Courts/State-Links.aspx?cat=Business Courts and

    Complex Litigation

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    Pennsylvania Courts Diagram

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    Endnotes1 This assessment was given by calling the Court Administrator at the

    Administrative Office of Pennsylvania Courts.

    2National Center for State Courts, September 2004, Civil Programs in thePhiladelphia Court of Common Pleas, Final Report.

    3United States Department of Justice, Office of Justice Programs, Bureau of

    Justice Statistics, November, 2009, Tort Bench and Jury Trials in 2005.

    4 List was obtained by contacting the Pennsylvania Court of Common Pleas.

    5United States Department of Justice, Office of Justice Programs, Bureau of

    Justice Statistics, November, 2009, Tort Bench and Jury Trials in 2005.

    6 United States Department of Justice, Office of Justice Programs, Bureau of

    Justice Statistics, November, 2009, Tort Bench and Jury Trials in 2005.

    7 United States Department of Justice, Office of Justice Programs, Bureau ofJustice Statistics, November, 2009, Tort Bench and Jury Trials in 2005.

    8 This assessment was given by calling the Court Administrator at the

    Administrative Office of Pennsylvania Courts.

    9 Administrative Office of Pennsylvania Courts, 2010, Caseload Statistics of the

    Unified Judicial System of Pennsylvania.

    10 Administrative Office of Pennsylvania Courts, 2010, Caseload Statistics of

    the Unified Judicial System of Pennsylvania.

    11 The United States Census, 2010, Data, Pennsylvania, Philadelphia.

    12 The United States Census, 2010, Data, Pennsylvania, Philadelphia.13 United States Department of Justice, Office of Justice Programs, Bureau

    of Justice Statistics, November, 2009, Tort Bench and Jury Trials in 2005.

    14 United States Department of Justice, Office of Justice Programs, Bureau

    of Justice Statistics, November, 2009, Tort Bench and Jury Trials in 2005.

    15 United States Department of Justice, Office of Justice Programs, Bureau

    of Justice Statistics, April 2004, Civil Justice Survey of State Courts in

    2001

    16 United States Department of Justice, Office of Justice Programs, Bureau

    of Justice Statistics, November, 2009, Tort Bench and Jury Trials in 2005.17 United States Department of Justice, Office of Justice Programs, Bureau

    of Justice Statistics, November, 2009, Tort Bench and Jury Trials in 2005.

    18 United States Department of Justice, Office of Justice Programs, Bureau

    of Justice Statistics, November, 2009, Tort Bench and Jury Trials in 2005.

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    19 United States Department of Justice, Office of Justice Programs, Bureau

    of Justice Statistics, November, 2009, Tort Bench and Jury Trials in 2005.

    20 United States Department of Justice, Office of Justice Programs, Bureau

    of Justice Statistics, November, 2009, Tort Bench and Jury Trials in 2005.

    21 Court Statistics Project, Tort Reforms Can Shape Medical MalpracticeCaseload Trends, 2000 2009, 2009.

    22 National Center for State Courts, September 2004, Civil Programs in the

    Philadelphia Court of Common Pleas, Final Report.23 National Center for State Courts, September 2004, Civil Programs in the

    Philadelphia Court of Common Pleas, Final Report.24 National Center for State Courts, September 2004, Civil Programs in the

    Philadelphia Court of Common Pleas, Final Report.25 National Center for State Courts, September 2004, Civil Programs in the

    Philadelphia Court of Common Pleas, Final Report.26 National Center for State Courts, September 2004, Civil Programs in thePhiladelphia Court of Common Pleas, Final Report.

    27 National Center for State Courts, September 2004, Civil Programs in the

    Philadelphia Court of Common Pleas, Final Report.28 National Center for State Courts, September 2004, Civil Programs in the

    Philadelphia Court of Common Pleas, Final Report.29 National Center for State Courts, September 2004, Civil Programs in the

    Philadelphia Court of Common Pleas, Final Report.30 National Center for State Courts, December 2011, Caseload Highlights,Implementing a Civil Cover Sheet, The Pennsylvania Experience.

    31 List was obtained by contacting the Pennsylvania Court of Common Pleas.

    32 Obtained by contacting the Pennsylvania Court of Common Pleas.

    33 Obtained by contacting the Pennsylvania Court of Common Pleas.

    34 United States House of Representatives, Committee on the Judiciary

    House of Representatives, 108thCongress, June 22, 2004,

    Safeguarding Americans From a Legal Culture of Fear: Approaches

    To Limiting Lawsuit Abuse, Theodore Eisenberg, Cornell University

    School of Law.

    35 Cornell University, School of Law, September 2009, U.S. Chamber of

    Commerce Liability Survey: Inaccurate, Unfair, and Bad for Business.

    36 Cornell University, School of Law, September 2009, U.S. Chamber of

    Commerce Liability Survey: Inaccurate, Unfair, and Bad for Business.

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    37 Cornell University, School of Law, September 2009, U.S. Chamber of

    Commerce Liability Survey: Inaccurate, Unfair, and Bad for Business.

    38 United States House of Representatives, Committee on the Judiciary

    House of Representatives, 108thCongress, June 22, 2004,

    Safeguarding Americans From a Legal Culture of Fear: ApproachesTo Limiting Lawsuit Abuse, Theodore Eisenberg, Cornell University

    School of Law.

    39 United States House of Representatives, Committee on the Judiciary

    House of Representatives, 108thCongress, June 22, 2004,

    Safeguarding Americans From a Legal Culture of Fear: Approaches

    To Limiting Lawsuit Abuse, Theodore Eisenberg, Cornell University

    School of Law.

    40 United States House of Representatives, Committee on the Judiciary

    House of Representatives, 108th

    Congress, June 22, 2004,Safeguarding Americans From a Legal Culture of Fear: Approaches

    To Limiting Lawsuit Abuse, Theodore Eisenberg, Cornell University

    School of Law.

    41 United States House of Representatives, Committee on the Judiciary

    House of Representatives, 108thCongress, June 22, 2004,

    Safeguarding Americans From a Legal Culture of Fear: Approaches

    To Limiting Lawsuit Abuse, Theodore Eisenberg, Cornell University

    School of Law.

    42 United States House of Representatives, Committee on the JudiciaryHouse of Representatives, 108thCongress, June 22, 2004,

    Safeguarding Americans From a Legal Culture of Fear: Approaches

    To Limiting Lawsuit Abuse, Theodore Eisenberg, Cornell University

    School of Law.

    43 United States House of Representatives, Committee on the Judiciary

    House of Representatives, 108thCongress, June 22, 2004,

    Safeguarding Americans From a Legal Culture of Fear: Approaches

    To Limiting Lawsuit Abuse, Theodore Eisenberg, Cornell University

    School of Law.

    44 This assessment was given by calling the Court Administrator at the

    Administrative Office of Pennsylvania Courts.

    45 International Center for Law and Economics, Are Plaintiffs Drawn to

    Philadelphias Civil Courts?, Joshua D. Wright

    46 National Center for State Courts, 2012, Complex Litigation FAQs.

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    NOTES

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