The election of Donald Trump as president made it all but certain that conservatives will be joining the U.S. Supreme Court, but there is far greater uncertainty among tort reform groups and the defense bar when it comes to legislative and regulatory efforts aimed at curbing class actions and widening the use of arbitration.
“There is cautious optimism,” said John Beisner, leader of the mass torts, insurance and consumer litigation at Skadden, Arps, Slate, Meagher & Flom in Washington. “It’s hard to know what position the new administration will take because a lot of these things haven’t been directly addressed in the campaign and there’s the question of priority levels in the initial days. There’s a limit to the number of things the administration can address, and matters in the tort reform area remain to be seen.”
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