Behrens and Appel Author White Paper on Civil Justice

Shook Partner Mark Behrens and Of Counsel Chris Appel have authored a white paper reviewing civil justice issues and reforms for the Federalist Society. The white paper explores trends in litigation—including discovery reform, asbestos trust transparency, third-party litigation funding and innovator liability reform—and documents 2018 legislation that has amended state laws on civil justice issues. Behrens and Appel also highlight key court decisions that affect civil justice reforms.
"In 2019, the defense bar, civil justice reformers, and business groups will continue to press for reforms consistent with trending issues," Behrens and Appel predict. "The plaintiffs’ bar and related organizations will press for liability-expanding reforms. The strongest push from the plaintiffs’ bar will focus on eroding pre-dispute arbitration agreements and sealed settlements, especially with respect to sexual harassment in the workplace."