SHAPING THE FUTURE

​ OF LITIGATION

The soaring cost of litigation has become a heavy burden. Litigation costs create a barrier to entry into our courts, forcing litigants to opt out of the U.S. courts in favor of other forms of dispute resolution or, unfortunately, to settle cases without regard to the merits of the claims. 

LCJ members, preeminent corporate and defense counsel, collaborate to provide compelling reasons for judges, Congress and rule makers to give serious consideration to meaningful reforms.  

INITIATIVES

RULES FOR MDLS 

Although MDLs were designed to be efficient mechanisms for coordinating pretrial discovery and motions, in many instances they have become one-sided forums for settlement pressure that lack the protections of the Federal Rules of Civil Procedure.

ALLOCATE DISCOVERY COSTS


LCJ supports amending the FRCP to require each party to pay the cost of the discovery it seeks. Such a rule would permit parties to access information that will enable fact finders to determine the outcome of civil litigation – while aligning well-proven economic incentives with the reality of modern litigation. ​

FIX RULE 30(B)(6)

Rule 30(b)(6) has proven controversial and complicated since it was added to the FRCP in 1970. It requires organizations such as corporations to designate people to testify on their behalf about specific matters raised in litigation. 

REDUCE BURDENSOME DISCOVERY

LCJ has advocated for amendments to the FRCP governing discovery since 2010. On December 1, 2015, changes intended to reduce the costs and burdens associated with the epidemic of over-discovery went into effect. ​​ 

AMICUS BRIEFS

As amicus curiae, LCJ fights for procedural fairness and urges courts to achieve the "just, speedy, and inexpensive determination of every action or proceeding" outlined in Rule 1.  

CLARIFY EXPERT EVIDENCE STANDARDS

​LCJ supports amending Rule 702 to encourage judges to be gatekeepers and allow only admissible expert evidence to be presented to the finder of fact.  
"LCJ is a highly effective advocate for meaningful rule reform. Working closely with LCJ on its efforts to reduce the costs and burdens of civil discovery, I have seen firsthand how LCJ's thoughtful and high-quality advocacy is delivering real results for the corporate community and defense bar.”
- Jon Kyl
Senior Of Counsel, Covington & Burling LLP
​U.S. Senator from Arizona (1995-2013)
Senate Minority Whip (2007-2013)

lcj advocates for MDL REFORMS

The rule of law requires predictable and transparent rules, and the Federal Rules of Civil Procedure need to be updated to ensure that appropriate rules apply not only to individual cases but also to the nearly half of the federal civil caseload consolidated in MDLs.
​-Andrea Looney
Executive Director
Lawyers for Civil Justice

 Click here to read the press release and visit www.rules4mdls.com to learn more.

Associate members

corporate members

DEFENSE BAR MEMBERS