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Daily Mail editorial: With legal reputation, perception is reality

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In many ways, it's same old story. An annual survey, this one by the U.S. Chamber of Commerce's Institute for Legal Reform, ranks West Virginia dead last among the 50 states when it comes to its tort liability system.

And as usual, the people who benefit from the current system - trial lawyers - say the study isn't legitimate.

The study is exactly what it purports to be: a measure of reputation. It explicitly seeks to gauge "how reasonable and balanced the states' tort liability systems are perceived to be by U.S. businesses."

It's a measure of what people believe about our state judicial system.

And not just any people. The survey results came from interviews of more than 1,200 corporate lawyers and senior executives at companies with more than $100 million in revenue.

In other words, the survey is a glimpse inside the minds of the leaders who make crucial business decisions for successful companies - decisions like where to move or expand their operations.

When CEOs or corporate boards are considering where to locate a regional headquarters or a new manufacturing facility, who do they consult for advice? The very same people who answered this survey.

That's how perception affects reality. That's why reputation matters.

That's how being a notorious "judicial hellhole" costs West Virginia jobs and economic investment.

But here's how the story is different now: We're making real progress. The new GOP-led legislature passed a slate of reforms earlier this year that - if implemented consistently by courts - should chip away at the state's abysmal reputation.

And more reforms are on the agenda. One is the creation of an intermediate appellate court, which would send a powerful and immediate signal that the state is serious about guaranteeing a fair litigation process.

We aren't the first state to walk this path. Others have implemented reforms to curb lawsuit abuse and have seen their reputations and business climates improve as a result.

Our judicial system's bad reputation didn't arise overnight, and it won't change overnight either. It will take time and more effort, but at least we're on the right track.


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