Page 27 - FDCC Flyer Winter 2023

J. Scott Kreamer
Companies face
a proliferation of threats from the litigation system,
as evidenced by rising verdicts and increasing litigation
by J. Scott Kreamer
Impact on Civil Litigation Risks and Cost
FDCC Pillars
Lawyers for Civil Justice:
Improving Civil Litigation Through Rules Reform
costs. At a time when polarization often results in legislative gridlock, Lawyers for Civil Justice effectively advocates for increased litigation predictability and reduced
costs through improvements
to procedural and evidentiary rules. LCJ is the recognized leader on rules reform and initiatives focused on achieving meaningful improvements to civil litigation.
LCJ’s effectiveness is built on a unique partnership between the FDCC and other major defense organizations, preeminent corporations, and leading defense law firms. The LCJ is able to accomplish rule changes through direct advocacy, communications programs, and collaboration with a strong network of allies.
So what is the LCJ doing on your behalf? In a word – lots! Here is a snapshot of those efforts.
•
Multi-district litigation now represents at least 70% of federal civil claims, and yet there are no rules specifically governing these proceedings. Courts often utilize ad hoc practices to manage MDLs. At LCJ’s urging, the Committee on Rules of Practice and Procedure has approved for public comment a proposal establishing FRCP Rule 16.1, which would for the first time provide specific guidance for MDLs. LCJ is leading corporate and defense engagement in the recently commenced public comment process on this rule with focus on improving early claim vetting, efficiency, and fairness.
LCJ is also leading corporate and defense bar engagement in the current comment process on proposals improving
the inefficient and costly privilege log process. As
with the MDL rule comment
process, public comment on these rule proposals will also run to February 2024. This initiative builds on our earlier success in advocating for the proportionality principle in discovery and the document retention standards in Federal Rule of Civil Procedure 37(e).
• LCJ successfully led the
effort to amend the federal
rule on the admissibility of expert witness testimony.
The clarification to Federal Rule of Evidence 702, set to become final on December 1 following congressional review, will improve the way expert evidence is evaluated and will help prevent unsupported expert testimony from reaching juries. Building on the clarification of FRE Rule 702, the LCJ is collaborating with allies to secure equivalent or superior state court rules.
• The growth in third party litigation funding (TPLF) threatens to undermine the integrity of the judicial process
•
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