LAWYERS FOR CIVIL JUSTICE
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  • Our Initiatives
    • Clarify Expert Evidence Standards
    • REFORM OF PRIVILEGE LOG REQUIREMENTS
    • Rules for MDLs
    • Allocate Discovery Costs
    • Disclose Third Party Litigation Funders
    • Reduce Burdensome Discovery
    • Fix Rule 30(B)(6)
    • Reform Rule 23
    • Preserve Judicial Independence
  • Amicus Briefs
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INITIATIVES

award winning advocacy

​LCJ has helped to streamline rules in our civil justice system that waste businesses’ time and resources and has been honored by the Institute of Legal Reform at the U.S. Chamber for its success reforming current rules that require businesses of all sizes to retain massive amounts of information irrelevant to their cases.

The position papers hyperlinked below illustrate the scope and depth of recent LCJ rule making campaigns that laid the foundation for the recent discovery reforms related to scope, preservation and costs.  The formal comments, combined with the face-to-face testimony and interaction of LCJ members at various hearings and additional support provided by leading legal scholars and academics, provides compelling reasons for judges, Members of Congress and rule makers to give serious consideration to fundamental rule reform.

INITIATIVES

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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.​
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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. ​​
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CLARIFY EXPERT EVIDENCE STANDARDS

LCJ support amending Rule 702 to encourage judges to be gatekeepers and allow only admissible expert evidence to be presented to the finder of fact.
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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. ​​ ​
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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.  ​
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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. ​
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"I have been particularly impressed with LCJ's network of defense bar leaders who are not afraid to take on the plaintiffs' bar in both the legislative and judicial arenas."

- michael harrington, sr. vice president and general counsel eli lilly

Resources

  • The Need for FRCP Amendments Concerning Multi-District Litigation (MDL) Cases
  • LCJ Comment to the Advisory Committee on Civil Rules - Thoughts on the Note to the Proposed Rule 37(e), 042514
  • LCJ Comment to the Advisory Committee, Final Modifications Necessary, 040414
  • LCJ Supplementary Comment to the Advisory Committee, 020314
  • LCJ Public Comment to the Advisory Committee, 083013
  • LCJ Comment, A Meaningful Step, 040113
  • LCJ Comment, The Un-American Rule, 040113
  • LCJ Comment, No Fault Exception, 021113
  • LCJ Comment, FRCP 37(e) and Other Proposals, 122712
  • LCJ Comment, A Meaningful Package of Amendments, 103012
  • LCJ Comment, Current Duke Subcommittee Sketches, 103112
  • Cortese, EDI Article - New Rules Will Reduce Costs, 101812
  • LCJ General Counsels Letter, 100512
  • LCJ Draft FRCP Duke MiniConf Questions & Answers, 100212
  • LCJ FRCP Duke Sketch Sedona State Farm Response Letter, 100112
  • Draft Proposed Amendments, FRCP 26 and 37 Discovery Costs Preservation, 090812
  • Questions, FRCP Duke Miniconference, 090512
  • LCJ Comment Letter, Duke Subcommittee Proposals, 060412
  • LCJ Comment, Duke Subcommittee Proposals, 060512
  • LCJ Comment, New Standards Summary Views, 043012
  • LCJ Comment, New Standards, 031512
  • LCJ Comment, FRCP 45, 010512
  • LCJ Statement, Congressional Hearing on Discovery, 121311
  • LCJ Comment, The Time is Now, 103111
  • LCJ Comment, Stronger Discovery Medicine, 081811
  • Memorandum, Preservation/Sanctions Issues for Preservation Mini-Conference 062911
  • LCJ Comment, Preservation – Moving the Paradigm to Rule Text, to Civil Rules Advisory Committee, 040111
  • Amicus Brief Voom v. Echostar, John Jablonski and Conor R. Crowley, 032911
  • Supbpoenas FRCP 45, LCJ Comment Letter to Judge Campbell, 033011
  • LCJ Comment, Preservation: Moving the Paradigm, to Civil Rules Advisory Committee 111010
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LCJ is a non-profit 501(c)(6) trade association and does not employ any attorneys for hire.  
1530 Wilson Blvd., Suite 1030 | Arlington, Virginia, US 22209
Phone:
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  • About Us
    • Who We Are >
      • Corporate Members
      • Law Firm Members
      • Defense Bar Organization Members
      • Board of Directors
      • Staff
    • LCJ Civil Justice Fellows Program
    • LCJ Annual Report
    • JOIN LCJ
    • Contact LCJ
  • Our Initiatives
    • Clarify Expert Evidence Standards
    • REFORM OF PRIVILEGE LOG REQUIREMENTS
    • Rules for MDLs
    • Allocate Discovery Costs
    • Disclose Third Party Litigation Funders
    • Reduce Burdensome Discovery
    • Fix Rule 30(B)(6)
    • Reform Rule 23
    • Preserve Judicial Independence
  • Amicus Briefs
  • LCJ In the News
  • Membership Meetings & Resources
    • LCJ CALENDAR
    • Member Login
    • MEMBERSHIP MEETINGS