Trial Magazine

Tort “reform” organizations are increasingly turning to the rules amendment process as a way to advance their agenda. The U.S. Chamber of Commerce, the misnamed Lawyers for Civil Justice, and others submit proposed federal rule changes that create additional hurdles for bringing cases to trial and getting justice for plaintiffs. It’s crucial to make sure the plaintiff voice is heard when rule changes are proposed.

• Get involved. AAJ forms a working group for each proposed rule that affects its members. Members help write comments, testify at hearings, and draft alternative proposals for the relevant advisory committees to consider.
• 30(b)(6) rulemaking. Members are encouraged to submit comments by Feb. 15 on a proposed meet and confer rule to Rule 30(b)(6) on corporate depositions. For instructions, visit https://tinyurl.com/y8memw8y.
• Informal rulemaking. At the behest of tort reform organizations, the Advisory Committee on Civil Rules is considering whether specific rules are needed for multidistrict litigation (MDL) and litigation financing. Members are encouraged to get involved early in the process and help us think collaboratively about best practices for MDL management.

For more information, contact me at susan.steinman@justice.org or Staff Attorney Amy Brogioli at amy.brogioli@justice.org.

Susan Steinman is AAJ’s senior director of policy and senior counsel.