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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Controversial Restatement Adopted by American Law Institute
ALI’s restatement of the law of ‘consumer contracts’ the latest in a surge of advocacy by the Institute
ALI Oversteps With Expansive Restatement Of Contract Law
This op-ed was originally published by Law360. Once considered a scholarly organization that was safely above the fray in broader policy disputes, the American Law Institute has become an advocacy group, […]
State Attorneys General Leave National Org Following ATRA Report
According to recent reports, three state attorneys general will leave the National Association of Attorneys General (NAAG). Ad Law Access reported this week that the Attorneys General of Missouri, Montana, […]
New ATRA Report: American Law Institute Pushes Advocacy Instead of Education
The American Tort Reform Association (ATRA) today released a report documenting how the American Law Institute (ALI) has evolved into a “stealth” legal advocacy organization that is promulgating views well […]
Maryland Attorney General Candidate Jim Shalleck Prioritizes Transparency
Maryland candidate for state attorney general, Jim Shalleck (R), pledged to prioritize transparency and open accountability in office, the American Tort Reform Association announced today. Shalleck, who most recently served […]
Idaho Attorney General Candidate Art Macomber Prioritizes Transparency
Idaho candidate for state attorney general, Arthur Macomber (R), pledged to prioritize transparency and open accountability in office, the American Tort Reform Association announced today. Macomber embraced good-government principles by […]