Eric T. Chaffin’s article, “De-Escalate the Expert Discovery Wars,” Appears in the June 2008 issue of Trial, The Journal of the American Association for Justice

Eric Chaffin, now the managing partner of Chaffin Luhana LLP, authored “De-Escalate the Expert Discovery Wars,” which appears in the June 2008 issue of Trial, The Journal of the American Association for Justice. The article focuses on negotiating and drafting agreements with opposing counsel to forego expert discovery under the Federal Rules of Civil Procedure. As the article notes, there are proposed amendments to Federal Rule of Civil Procedure 26(b) regarding expert disclosures that are currently working their way through the amendment process that will fundamentally alter expert disclosure obligations. The Advisory Committee’s draft of the current proposed amendments to Rule 26(b) were recently made available to the public. The Standing Committee on Rules of Practice and Procedure of the U.S. Judicial Conference is expected to consider the Advisory Committee’s proposed amendments in June 2008. The Rule 26(b) amendments as approved by the Standing Committee are scheduled to be disseminated for public comment in August 2008 with comments to be received through February 2009.

If you would like a copy of the article or the Advisory Committee’s proposed amendments, please contact Mr. Chaffin at chaffin@chaffinluhana.com.