Admissibility of Expert Opinion Testimony: S.B. 1189 (2010)
Adopted the Daubert standard for admitting expert witness testimony and
Adopted the Daubert standard for admitting expert witness testimony and expert evidence; Arizona Courts currently embrace the less stringent Frye standard. The Daubert standard requires the courts to consider four factors when examining the merits of expert testimony: (1) whether the expert’s technique or theory can be tested; (2) whether the theory has been subject to peer review and publication; (3) the known or potential rate of error of the technique or theory; and (4) whether the theory or technique has been generally accepted in the relevant field. This standard substantially decreases the probability of “junk science” being presented to juries, thus, affecting the outcome of a trial. It also serves as a filter that screens out ungrounded lawsuits from even reaching trial, which is especially important for manufacturers facing questionable product liability claims and health care providers facing questionable medical malpractice claims.
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Pa. Supreme Court Disregards SCOTUS Ruling
Nicholas Malfitano of the Pennsylvania Record writes about the Pennsylvania Supreme Court’s ruling on jurisdiction in a lawsuit filed by an out-of-state resident.
COVID-19 Lawsuit Protections Signed Into Law in Michigan
ATRA praises the passage of HB 6030 in Michigan, enacting COVID-19 liability protections.
Supreme Court of Pennsylvania Defies SCOTUS Precedent
ATRA’s statement on the Supreme Court of Pennsylvania’s ruling in Hammons v. Ethicon to allow an out-of-state lawsuit to continue, openly defying SCOTUS precedent.
ATRA Warns Against ‘New Species of Super Tort’ in Oklahoma Opioid Judgment
Amanda Bronstad with Law.com writes about the potential repercussions if the 2019 $465 million judgment against Johnson & Johnson stands.
Support for Johnson & Johnson’s Appeal In Massive Oklahoma Opioid Judgment
ATRA files amicus brief in support of Johnson & Johnson’s decision to appeal a 2019 $465 million judgment against the company, warning against the state attorney general’s expansive use of public nuisance law.
Lawsuit Abuse Awareness Week: This affects all of us
ATRA President Tiger Joyce spoke with Juliette Farley of the Southern California Record about Lawsuit Abuse Awareness Week and business interruption lawsuits.