Country Roads

I love my home state of West Virginia. I love the beautiful hills, the wonderful people and, of course, the Sweet 16-bound Moutaineers. But I cannot ignore a troubling aspect that continues to plague the state's reputation: its economy and general business environment. A recent study ranked the Mountain State dead last in lawsuit environment:

A study conducted by the U.S. Chamber Institute for Legal Reform rates West Virginia as having the nation’s worst lawsuit climate in the United States. . . . The Lawsuit Climate 2010: Ranking the States survey measures how a state’s legal climate affects businesses. Survey respondents were made up of general counsels and senior attorneys or executives in companies with annual revenues of at least $100 million. According to the report, West Virginia was rated last in each of ten elements used to determine a state’s overall position.

So apart from being a lawyer's paradise, businesses tend to eschew locating within the state. And the large companies that have set up shop seem to experience stagnate growth relative to their peers. Various reasons have been advanced to explain why this is the case, including a lack of competitive pay for executives, a relatively antiquated corporate governance structure and now, as noted, the need for tort reform. In any case, it is tough to know how to enact sweeping and meaningful change.

Open Thread: Jets Fan Helps Create Torts Exam?

Now I know I'm thinking like a lawyer. The first thing I thought of when I saw the video below is how many claims this unfortunate Jets fan likely has if the video is not materially edited...any thoughts on how the locus of the incident could affect this (likely) lawsuit?

Maybe cheering for one's team in an opposing stadium suffices to establish probable cause for an arrest or brief detention? It strikes me as crazy, but maybe that's because I'm just as likely to be screaming my lungs out for the J-E-T-S in Indianapolis this weekend?

Update (10/20): The New York Post weighs in.

Pharmacists are Shaking in their Lab Coats

The Wall Street Journal reports that a 35-year-old woman bought close to 4,500 painkillers over the course of a year, recklessly decided to drive a car, and ultimately killed one man and severely injured another. Can these men sue the woman? Yes. Can they sue the pharmacy that filled her prescriptions? Not as easy to answer. Sanchez v. Wal-Mart Stores, pending before the Nevada Supreme Court, may be the first United States case to consider whether pharmacies can be held liable for a fatal accident caused by a customer's prescription drug abuse.