For reasons CTLawyer so eloquently stated, any type of meaningful tort reform is DOA in most state legislative bodies because of the numbers of attorneys in those bodies, but even more importantly, the massive dollars the plaintiffs bar contribute to candidates and PACs. Some of the worst examples are Texas and Mississippi which are the venues of choice for class actions and individual tort actions. Also popular is California which enacts all sorts of crazy regulatory requirements which then trigger thousands of complaints of de minimis violaitons. The worst example (or best if you are a plaintiffs lawyer) are for violations of the California version of the ADC where small businesses are constantly sued for “inaccessible” bathrooms and counters, etc. The Supreme Court has made it a bit more difficult to bring class actions in federal courts but has little control over the states.
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