LCJ’s Advocacy Results in Improved Federal and State Expert Evidence Practices

Amendments to Federal Rule of Evidence 702 clarify the requirements for the admission of expert evidence and the role of judges in serving as gatekeepers for that evidence. LCJ General Counsel Alex Dahl explains that amended FRE 702 clarifies rules on expert evidence admissibility in three ways. [Dahl Video]

Amended FRE 702 will have a major impact on the “legal landscape,” notes ExxonMobil Executive Counsel Robert Levy. It changes how cases will be tried and will prevent experts without a valid basis for their testimony from getting in front of a jury. [Levy Video] Former LCJ President Mills Gallivan explains that this is a “new era” which will see improved consistency in the handling of expert evidence. “It’s a great, great day for the judiciary, for those who litigate, and for civil justice.” [Gallivan Video]

State Farm Associate General Counsel Peter Martin notes that the revised federal rule is a major success but only half the battle because many companies have over half their litigation in state courts. [Martin Video]. Keeping junk science out of the courtroom is as important in state courts as it is in federal courts, according to Glaxo SmithKline Assistant General Counsel Leah Lorber. [Lorber Video] This “clear guidance” in Rule 702 on the handling of expert evidence should also be applied in state courts.

LCJ is actively supporting initiatives in the states to adopt rules in alignment with Rule 702. Arizona on January 1 became the first state to adopt the revised expert evidence standards. Several other states, including Kentucky, Louisiana, Michigan and Ohio have amendments under consideration. To read recent comments filed in Michigan and Ohio in support of rule changes, visit LCJ’s document directory. To track the progress of state rule changes, visit www.dontsaydaubert.com.

To participate in LCJ’s efforts to improve federal expert evidence practices or to secure improved expert witness standards in state courts, please e-mail LCJ Executive Director Dan Steen at Dsteen@lfcj.com.