Expert Evidence Review: 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 President Tiger Joyce writes how companies that end arbitration face the risk of consumer class actions, in the face of plaintiffs firms ramping up mass arbitration proceedings.
We are saddened to hear of former Missouri state Senator Ed Emery’s untimely death. Senator Emery was not only a champion of tort reform, but a pillar in his community. […]
The New York trial bar may get yet another gift from the state lawmakers seemingly tied around their finger.
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Financial benefit of reforming Missouri’s tort system could support an additional 20k+ jobs & $3.38B in increased economic activity
$7 million spent in Quarter 1 of 2021 to air nearly 61,000 local legal services TV ads in Illinois