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.
Latest News
View all news
More Work Remains on Tort Reform
This letter-to-the-editor was originally published by The Herald-Dispatch in Huntington, WV. West Virginia was a mainstay on the American Tort Reform Foundation’s “Judicial Hellholes®” list for nearly 20 years, finally […]
Fla.’s Legal Reform Package Makes It a Judicial Hellholes Point of Light
These strong but fair laws will solidify Florida as a model of a forward-looking state with a judicial system that is transparent, fair and accountable for all.
Lawmakers Denounced for Pushing Punitive Damages in Last-Minute Amendment
Illinois Businesses Brace for Increased Costs and Diminished Appeal as Trial Bar Pushes for Punitive Damages in Wrongful Death Cases
ATRA President Tiger Joyce on WFLA-FM Tallahassee
ATRA President Tiger Joyce discusses Florida’s 2023 legal reform successes with Preston Scott on WFLA-FM Tallahassee.
Florida Named Judicial Hellholes Point of Light, DeSantis’s Efforts Praised
2023 legislative session resulted in landmark legal reforms, ATRF says
New Florida Bill to Regulate Misleading Legal Services Ads on Pharmaceutical Drugs and Medical Devices
ATRA’s Latest Data Reveals $271.8 Million Spent on Legal Services Advertising in Florida in 2022; Florida Accounted for Nearly 20% of Radio Ad Spending Nationwide