In a rather vulgarly titled (“Obama presidency is good new for the legal profession“) article, law marketeer Larry Bodine points to some areas that might cause renewed legal problems in the States under the new regime.
In particular:
Tort reform has been so effective that there are hardly any trials any more. The National Center for State Courts reported that the number of jury trials dropped 44% in the last 10 years. The movement has killed many areas of personal injury practice by limiting damages and making it difficult to file a cause of action to begin with. But the Republican party and its corporate support base for tort reform is shattered. Meanwhile the American Association for Justice (formerly ATLA) will actively work to make it easier to bring
* Product liability cases
* Class actions against pharmacy companies
* Limit companies’ use of federal regulations as a shield from litigation under state law
* Eliminate mandatory-arbitration clauses in consumer contracts.
He also points to a host of regulatory reforms about to hit the healthcare industry, and of course to where litigation from the credit crunch is likely to hit.
It’s a bit triumphalist, but he’s probably not a million miles off the mark.
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