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Trial lawyers are killing competitiveness – and jobs – in South Carolina. We’ve seen it in the form of outrageous liquor liability premiums and we’re seeing it again as it relates to asbestos litigation.
This month, the Palmetto State ranked No. 3 nationally on Americans for Tort Reform Foundation (ATRF)’s 2024-2025 list of “judicial hellholes” – a.k.a. the “worst of the worst” jurisdictions or courts in the United States.
Sadly, South Carolina is no stranger to this list. Its “asbestos court,” run by former S.C. chief justice Jean Toal, has made five consecutive appearances. This is its highest ranking, though – rising three spots from No. 6 on the 2023-2024 list.
According to the report, Toal “has become more extreme, seemingly emboldened by the hands-off approach of the South Carolina appellate courts and some influential lawyer-legislators.”
Regular members of FITSNews’ audience are well aware of the pernicious influence lawyer-legislators wield over the state’s supposedly “independent” judiciary – and the limited success reformers have had in their bid to fix the rigged system.
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They are also well aware of Toal – an ostensibly retired jurist whose recent rulings in the case of convicted killer Alex Murdaugh have raised significant red flags regarding her judgment.
According to ATRF, Toal’s rulings in civil asbestos-related cases have also raised red flags.
“South Carolina’s asbestos judge has a clear bias against corporate defendants, particularly insurers,” the report noted. “This bias is obvious in rulings that result in unfair trials and severe verdicts. Anti-corporate bias is also evident in the judge’s imposition of unwarranted sanctions, a willingness to overturn or modify jury verdicts to benefit plaintiffs, and frequent appointment of a receiver to maximize recoveries from insurers.”
As a result, South Carolina is now “a hotspot for asbestos claims,” with these cases more than doubling since Toal was tapped to handle them by former justice Donald Beatty in 2017.
Both Toal and Beatty are former Democratic lawmakers.
Reform-minded, conservative lawmakers are tracking Toal’s rulings closely as they redouble their efforts to address judicial abuse in the Palmetto State.
“You have government-appointed officials who argue in front of (judges) and the (judges) depend on their jobs from elected officials,” state representative Jordan Pace recently told another media outlet. “It’s a horrible cycle of back scratching at the expense of the general public. The Toal situation just adds to that already problematic system.”
Stay tuned as this media outlet digs deeper into that system and prepares additional reports…
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ABOUT THE AUTHOR …
Will Folks is the founding editor of the news outlet you are currently reading. Prior to founding FITSNews, he served as press secretary to the governor of South Carolina. He lives in the Midlands region of the state with his wife and eight children.
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