In New Jersey can an expert witness testify beyond the scope of the subject matter of his report? In limited circumstances the answer is yes so long as the party proffering the expert’s report did not treat the report as an adoptive admission in pretrial discovery. The controlling case is Skibinski v. Smith, 206 N.J. Super. 349 (App. Div. 198 ... Read More.
Federal court practitioners and litigants must be mindful of the need to retain qualified and effective expert witnesses whose opinions satisfy the criteria for admissibility under the Federal Rules of Evidence, as initially established by the United States Supreme Court's decision in Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1 ... Read More.
In complex litigation the question often arises of whether expert testimony is necessary to prove any elements of a litigant's claims or defenses. Cases are often won and lost on the basis of expert testimony. Now that you've made the decision to hire an expert will his or her testimony be admissible at trial? New Jersey Rule of Evidence (N.J.R.E. ... Read More.
Consider this hypothetical: Plaintiff accounting firm (“Accounting Firm”) files a collection suit (“Action 1”) against defendant limited liability company (“LLC”) for nonpayment of invoices. In LLC’s answer to the Accounting Firm’s Complaint, LLC raises professional negligence as an “affirmative defense.” LLC fails to retain ... Read More.