National Law Journal | Conversation
By Christine Schiffner | March 29, 2022
The Advisory Committee on Rules of Evidence has reviewed testimony on a suggested amendment to Federal Evidence Rule 702: an overdue clarification amid rising mass torts, according to the defense bar; detrimental to the civil clients, according to the plaintiffs bar.
New Jersey Law Journal | Commentary
By Law Journal Editorial Board | December 19, 2021
We hope that it does not become common practice for law enforcement officers to be called to the stand to give opinion testimony, even if procedurally qualified as an expert, in order to give a running commentary on what the officer thinks a criminal defendant subjectively intended by using certain words.
New Jersey Law Journal | Analysis
By New Jersey Law Journal | December 13, 2021
Third Circuit's Guidance on 'Issue Class' Takes a Holistic View on Rule 23 Requirements. Proposed Amendments to FRE 702: The Court as Gatekeeper to Expert Testimony. Third Circuit to Revisit Administrative Feasibility Prong of Heightened Ascertainability Requirement. Testimony of Witnesses In-State and Out-of-State: Issues to Consider Under NJ Law.
New Jersey Law Journal | Commentary
By Law Journal Editorial Board | December 12, 2021
We commend the reading of the Appellate Division opinion in State v. Gerena, and hope and trust that the admission of such identification testimony of age will be upheld.
New Jersey Law Journal | Analysis
By Daniel B. Carroll, Kaitlyn E. Stone and Michael C. Zogby | December 10, 2021
This article focuses on interactions with current and former company employees under New Jersey law, with attention to implications for out-of-state witnesses involved in New Jersey litigation, and witnesses involved in litigation outside of the state who reside in New Jersey.
New Jersey Law Journal | Analysis
By Beth S. Rose and Charles J. Falletta | December 9, 2021
The Advisory Committee on Civil Rules of the Federal Judicial Conference, recently approved two important amendments to Rule 702 of the Federal Rules of Evidence concerning expert witness testimony. The proposed amendments are a step in the right direction to a more consistent application of Rule 702.
New Jersey Law Journal | Analysis
By Ellen L. Koblitz and Kim D. Ringler | October 14, 2021
Lawyers must comply with the statutory mandate like everyone else, and lawyers may do so without violating their professional duties of maintaining confidences related to the representation of a client.
New Jersey Law Journal | Commentary
By Law Journal Editorial Board | June 27, 2021
We think the most sensible interpretation of the "DNA evidence" exception is that the limitation period begins once the state has possession of the forensic sample itself.
New Jersey Law Journal | Analysis
By Matthew James Troiano and Matheu D. Nunn | June 9, 2021
Although the Rules of Evidence are complex, they are manageable—and, in many instances, call for an exhilarating game of "chess" with your adversary.
New Jersey Law Journal | Analysis
By R. Jason Richards | May 5, 2021
An important look at the standard for assessing medical causality, including the Bradford-Hill factors and U.S. Supreme Court precedent.
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