State level legal reform bills are unlikely to be introduced this year and defense costs for mass litigation will continue rising, a government affairs expert is predicting.

The forecast comes from Joanne McMahon, assistant general counsel for government relations with GE Insurance Solutions in Kansas City, Mo.

Ms. McMahon in a paper analyzing legal reform efforts said legislation this year in legislatures rather than targeting broad reform will focus on individual litigation issues such as medical malpractice, notably in Kentucky, New Jersey and New Hampshire.

Legislators in Alabama, California, Kansas, Michigan, Missouri, Pennsylvania, South Carolina, Virginia and West Virginia will take aim at asbestos and silica injury litigation, she said.

Joint several liability is the issue in Florida and West Virginia, said Ms. McMahon. Venue for lawsuits is a measure for discussion in Illinois, and caps on noneconomic and punitive damages is coming up in South Carolina.

She noted that last year Congress passed legislation restricting class action litigation, providing a partial shield for gun manufacturers, and a measure prohibiting lawsuits against manufacturers of a drug that would cure or reduce risk of a disease that presents a public health emergency.

This will be an election year for most states and for many federal congressional members, Ms. McMahon noted, saying politics will affect legislative activity at state and federal levels.

The asbestos injury claims legislation that is under debate this week in the Senate will likely be the most significant legal reform measure pursued in Congress this year, she commented.

Ms. McMahon predicted that bills aimed at curbing lawsuit abuse and shielding the food industry from obesity litigation will also be pursued at the federal level.

She said the cost of defending against suits such as those against food and beverage manufacturers for causing childhood obesity continues to rise.

"The wheels of the mass litigation machine are constantly in motion, devising new theories of liability," she warned.

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