New Rule 4:25-8 Provides Needed Clarity on Procedure for Motions in Limine
Careful review and compliance with Rule 4:25-8 can help to provide a measure of certainty with respect to the crucial evidentiary issues that pervade trial practice, avoid eleventh hour surprises, and foster settlement negotiations.
October 01, 2020 at 12:00 PM
6 minute read
On Sept. 1, 2020, an entirely new rule, Rule 4:25-8, went into effect as part of recent amendments to the Rules Governing the Courts of the State of New Jersey. This rule defines motions in limine and codifies certain best practices with respect to the filing of such motions. Rule 4:25-8 is significant because it prohibits filing motions in limine that may have a dispositive impact on the case, including "application[s] to bar an expert's testimony in a matter in which such testimony is required as a matter of law to sustain party's burden of proof." This is an important development in New Jersey law because it essentially requires dispositive motions to exclude expert testimony to be included as part of a motion for summary judgment, pursuant to Rule 4:46. This practice was heretofore not fully understood by practitioners and is significant because it allows for detailed briefing and consideration of such motions and eliminates the potential for "eleventh hour" exclusion of expert witnesses on the eve of trial.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllSocial Media Policy for Judges Provides Guidance in a Changing World
3 minute readBank of America's Cash Sweep Program Attracts New Legal Fire in Class Action
3 minute read'Something Really Bad Happened': J&J's Talc Bankruptcy Vote Under Attack
7 minute readTrending Stories
- 1Trump, ABC News Settlement in Defamation Lawsuit Includes $1M in Attorney Fees For President-Elect
- 2Trump, ABC News Settle Defamation Lawsuit Before Depositions
- 3Call for Nominations: The Recorder and Law.com's California Legal Awards 2025
- 4The Week in Data Dec. 13: A Look at Legal Industry Trends by the Numbers
- 5Antitrust Class Actions Against CVS, Other Pharmacy Benefit Managers Are Piling Up
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250