The Washington, D.C.-based American Tort Reform Foundation’s annual “Judicial Hellhole” report ranks the Michigan Supreme Court the No. 8 worst “judicial hellhole” in the United States.
According to the report, Michiganders pay $1,046 annually in a “tort tax,” while more than 97,000 jobs are lost each year due to excessive tort costs.
“The Michigan Supreme Court took a contradictory approach to junk science in 2024,” the report reads. “On the one hand, in March 2024, the court took a positive step by amending Rule 702 of the Michigan Rules of Evidence to mirror the newly amended federal Rule 702. The reinforced rule clarifies that a party seeking to introduce expert testimony must demonstrate that the testimony is based on reliable scientific principles and methods and emphasizes the judge’s gatekeeping role.
“On the other hand, the court issued a ruling that will allow junk science to permeate Michigan courtrooms. In Danhoff v. Fahim, the court held that ‘scientific literature is not always required to support an expert’s standard-of-care opinion, but that scientific literature is one of the factors that a trial court should consider…’ Additionally, the court held that ‘peer-reviewed, published literature is not always a necessary or sufficient method of meeting the requirements of MRE 702.’”
Amanda Fisher, Michigan state director of the National Federation of Independent Businesses (NFIB), says, “Michigan used to be a shining example of tort reform, but sadly that is no more. It’s no surprise that the Michigan Supreme Court has earned the title of ‘judicial hellhole’ this year after the disastrous rulings issued this term, especially those affecting the small business community.
“Unfortunately, the courts now act as judicial activists, as the Michigan Supreme Court displayed this year with its ruling on Mothering Justice, et. Al. v. the State of Michigan (Adopt and Amend), which essentially invalidated the legislature’s constitutional authority and has sent small businesses reeling with the burden placed on them regarding the Earned Sick Time Act and Minimum Wage.
“The Michigan Supreme Court also essentially invalidated the Administrative Procedure Act (APA) in Michigan Farm Bureau v. Department of Environment, Great Lakes, and Energy, giving state departments the ability to go around the APA in order to pass burdensome regulations on small businesses with no oversight or transparency,” Fisher continues. “These are two of many decisions that are impacting small businesses. It is crucial that we work toward electing ‘rule of law’ judges and enact meaningful reform to help protect small businesses from lawsuit abuse.”
Philadelphia’s Court of Common Pleas and the Pennsylvania Supreme Court were No. 1 on the list, followed by New York City, South Carolina, Georgia, California, Cook County (Chicago), Ill., and St. Louis. King County, Wash. and Louisiana round out the top 10.
Click here to read the full report on the Michigan Supreme Court.
