Thank God I've never been involved in serious litigation, but his description of the process sounds absolutely wild to me. Reminder that the US is a global outlier in 'loser doesn't pay winners' attorneys' fees' (as he notes, this is literally called the American Rule). And a global outlier in using juries for civil trials, which can lead to some gigantic unpredictable judgements. I'd imagine our discovery laws are unique too.
Surprised some business-friendly US state hasn't greatly restricted discovery in civil litigation, so as to attract companies to incorporate there. And this is why arbitration rose as a way to settle disputes- if you look at the standard arbitration agreement they greatly limit discovery
It cuts the other way as well. It's incredibly easy to file suit against larger corporations (e.g. your landlord in small claims) and just represent yourself and be confident all you're potentially out is the court filing fee. I've personally done it twice and settled before it went to trial; without the American rule there would be no way I could risk having them take it to trial and pay their fees.
Sane countries do not elect their judges by popular vote (or, even worse, by their executive branch), and thus judges are generally apolitical, which removes a lot of incentive for the issues you mention.
It's insane to me that the US accepts that their judiciary are either 'red' or 'blue', and that their opinions are dictated by their tribe.
Seems like a non-sequitur. 'Corruption' is typically not an issue in civil disputes. 'Influence peddling' and 'political horse trading' are not the subject of civil litigation. If you think 'corruption' is influencing judicial remedies- it's certainly a lot easier to bribe a juror than an appointed judge.
Most developed countries using a panel of judges to hear civil disputes score better than the US on corruption indicators, not worse
Surprised some business-friendly US state hasn't greatly restricted discovery in civil litigation, so as to attract companies to incorporate there. And this is why arbitration rose as a way to settle disputes- if you look at the standard arbitration agreement they greatly limit discovery