Expert Evidence Reform: S.B. 187 (2011)
Adopts the Daubert standard and a later US Supreme Court
Adopts the Daubert standard and a later US Supreme Court decision, Joiner. Together these cases established a framework for admitting scientific expert testimony in order to preclude introduction of “junk science” into courtrooms. The federal three-part test for courts to use in determining whether to admit scientific expert testimony has been adopted in full and allows the courts to exclude unreliable testimony or even testimony that may draw from reliable procedures and principles, but whose conclusions are unsupportable. This permits the full breadth of Daubert and Joiner to now be applied in Alabama courtrooms as it is in all federal courtrooms and a majority of other states. The compromise that was reached in S.B. 187 does not adopt the Daubert progeny called Kumho, which extends these rules to non-scientific expert testimony. Also exempted were certain criminal and domestic relations cases. However, nothing precludes the courts in Alabama from later extending these rules to such testimony.
ATRA announces two Utah candidates for attorney general signing its AG transparency code pledge.
A Washington controlled by Democrats would be a bonanza for the trial bar, writes W.J. Kennedy for Legal Newsline.
ATRA supports the SAFE TO WORK Act as part of the Senate’s HEALS Act legislative package for coronavirus relief.
ATRA President Tiger Joyce writes about the American Law Institute’s diversion from its original mission in this opinion editorial for Law360.
ATRA President says COVID-19 statutes reflect a broader perspective than lawsuit shields as they are enacted by lawmakers, not just a single governor.
Missouri Governor Mike Parson signed into law reforms to the state’s punitive damages system, writes John Breslin for the St. Louis Record.
Missouri Gov. Mike Parson signed S.B. 591 to amend Missouri’s consumer protection act and the state’s punitive damages system.
Federal Judge William Shubb ruled that due to insufficient evidence, California cannot require glyphosate-based weedkiller Roundup to be labeled as “known to the state of California to cause cancer.”
ATRA cited in an opinion editorial by John DeMaggio for The Hill regarding potential lawsuit abuse in the wake of COVID-19.