Legal disputes increasingly require the use of expert witnesses to explain what science says about the safety of various products and technologies. With billions of dollars and thousands of lives at stake, the way courts resolve scientific questions is important to everyone. However, courts apply widely varying standards from state to state for evaluating expert testimony.
Should judges act as protective gatekeepers to screen out possibly suspect science? Or should they take a lighter hand and trust juries to determine who is telling the truth? What should the standards be for state courts when exercising their gatekeeping functions over scientific evidence and expert testimony? Should the recent changes to Federal Rule of Evidence 702 be a model for states to adopt? What progress is being made in the field of expert evidence rule reforms in the states? Our expert panel discussed these questions and more.
Alexander R. Dahl,
General Counsel, Lawyers for Civil Justice
Alex Dahl is General Counsel of Lawyers for Civil Justice (LCJ), a national coalition of corporations, law firms, and defense organizations that advocates for procedural rule reforms. LCJ advocated for the forthcoming amendment to Federal Rule of Evidence 702 that will clarify expert admissibility standards and has filed amicus briefs urging courts to conform case law to the amended Rule 702’s requirements. Alex’s background includes serving as: the Deputy Staff Director and Senior Counsel to the U.S. Senate Judiciary Committee; an Assistant U.S. Attorney in the District of Columbia; and a shareholder in the D.C. office of Brownstein Hyatt Farber Schreck. Alex began his legal career as a law clerk to the Hon. Dee Benson in the U.S. District Court for the District of Utah.
Lee Mickus,
Partner, Product Liability and Tort Litigation at Evans Fears Schuttert McNulty & Mickus LLP
Lee Mickus defends manufacturers and other business interests in product liability and tort lawsuits around the country, guiding cases through the discovery, trial, and appeal stages. He has successfully tried cases to juries in Colorado, Texas, California, New York, Puerto Rico, Montana, and several other states. Lee has handled cases involving a wide variety of industries and products, including automobiles, pharmaceuticals, medical devices, industrial machinery, wine, and recreational equipment. Lee has made court appearances, argued appeals, and submitted amicus briefs in numerous jurisdictions across the country.
Ashley Evaro George, Moderator
Assistant Director, Law & Economics Center
Ashley Evaro George is the Assistant Director of the Law & Economics Center. Prior to joining the LEC, Ashley served as a federal outreach associate for the Mercatus Group at George Mason University.
Questions? Contact us at CCJCA@gmu.edu or 703.993.2566