By Suzette Parmley | June 23, 2020
"A prosecutor who describes in excessive detail the testimony he intends to elicit does so at his peril if he is unable to deliver the evidence," Justice Barry Albin wrote.
By Amanda Bronstad | June 10, 2020
Judges in dozens of rulings in multidistrict litigation have failed to follow Rule 702 in allowing expert testimony into trials that should not have been admissible, wrote three defense lawyers in a Tuesday letter to the Judicial Conference Advisory Committee on Evidence Rules, which is reviewing possible amendments.
By Greg Land | May 14, 2020
Lawyers and insurance executives say the surge of surprisingly high awards subject to social inflation—also known as "nuclear verdicts"—is not a new phenomenon.
By Amanda Bronstad | April 27, 2020
On Monday, U.S. District Judge Freda Wolfson, who is overseeing the talcum powder multidistrict litigation against Johnson & Johnson, found that five plaintiffs' experts, two of whom have testified before Congress on talcum powder safety, could appear before juries. The ruling is the first in which a federal judge has ruled on the scientific evidence in talc trials.
New Jersey Law Journal | Commentary
By Law Journal Editorial Board | April 26, 2020
We reject the idea that the way to keep ourselves safe from the state is to keep it in ignorance. As long as facial recognition evidence is critically scrutinized in the judicial process, it can be placed under appropriate limits based on data and experience.
The Legal Intelligencer | News
By P.J. D'Annunzio | April 17, 2020
A federal appeals court has ruled that an incomplete subpoena for work emails of a woman accused of forgery, though invalid, did not violate her rights when executed.
By Suzette Parmley | March 19, 2020
"The trial court erred by admitting both prejudicial testimony" but "the evidence against Trinidad was overwhelming," the Supreme Court's majority said.
By Charles Toutant | March 3, 2020
The judge said removing her from the bench would be an excessive punishment given the circumstances of her case.
New Jersey Law Journal | Analysis
By Christopher M. Musmanno | February 13, 2020
The rules of evidence are designed to limit juries from hearing certain kinds of evidence that might overly inflame or be prejudicial to one side.
By Charles Toutant | February 4, 2020
In a cautionary tale of expert testimony that did more harm than good, the appeals court said the trial judge erred by allowing a professional engineer to testify at trial about circumstances at homes he didn't inspect.
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