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Tag Archives: Expert Evidence

Business Community Asks Court to Update Evidence Rules

May 19, 2015News, Press Releases, Top StoriesExpert Evidence, New Jersey Supreme CourtNJCJI

This morning, the New Jersey Civil Justice Institute urged the New Jersey Supreme Court to update the state’s out of date rules on the admissibility of expert opinion testimony during the court’s current rulemaking cycle. Continue reading →

NJCJI Urges High Court to Adopt Federal Standard for Expert Evidence

April 17, 2015News, Top StoriesExpert Evidence, New Jersey CourtsNJCJI

New Jersey’s court rule governing the admissibility and review of expert testimony has remained unchanged since 1991. In this same period the Federal Rules of Evidence, the Uniform Rules of Evidence, numerous state evidence rules, and our own case law have all changed to reflect the increased importance and use of expert testimony. At NJCJI’s urging, the NJ Supreme Court asked its Committee on the Rules of Evidence to take a closer look at the state’s laws governing this issue. Continue reading →

More Evidence That NJ’s Expert Evidence Law Is Inconsistent

March 27, 2015News, Top StoriesExpert Evidence, Legal Reform, New Jersey CourtsNJCJI

The admissibility of expert testimony is a hot topic in the New Jersey legal world right now. A report from the court’s Committee on the Rules of Evidence has confirmed that the case law does not match the court rules on the books, and the New Jersey Supreme Court’s recent ruling in Townsend v. Pierre only increases the differences. Continue reading →

Report Confirms Expert Evidence Law is Inconsistent

March 5, 2015News, Top StoriesExpert Evidence, Legal Reform, New Jersey CourtsNJCJI

New Jersey’s court rule governing the admissibility and review of expert testimony has remained unchanged since 1991. In this same period the Federal Rules of Evidence, the Uniform Rules of Evidence, numerous state evidence rules, and our own case law have all changed to reflect the increased importance and use of expert testimony. At NJCJI’s urging, the NJ Supreme Court asked its Committee on the Rules of Evidence to take a closer look at the state’s laws governing this issue. Continue reading →

Ruling Highlights Inconsistent Evidentiary Standards

February 27, 2015News, Top StoriesExpert Evidence, New Jersey CourtsNJCJI

Earlier this week Superior Court Judge Nelson Johnson released an evidentiary ruling blocking two experts from testifying in the ongoing litigation over Hoffmann-La Roche Ltd.’s acne medication Accutane. The ruling is further evidence that Atlantic County is not the mass tort hellhole it once was. Continue reading →

Expert Witness Fees: An Infographic

September 26, 2014News, Top StoriesExpert EvidenceNJCJI

The Expert Institute put out an interesting infographic this week detailing expert witness fees and practices across the country.

 

 

Study Shows New Jersey Home to Disproportionately Large Number of Class Action Cases

July 25, 2014News, Top StoriesAppeal Bond Cap, Business Climate, CFA, Civil Justice, Class Actions, Expert Evidence, Legal Reform, New Jersey CourtsNJCJI

NERA Economic Consulting has released a new study on consumer class action settlements that indicates the number of such cases is steadily growing. The data also indicates that New Jersey is one of the most popular jurisdictions for filing consumer class actions.

Continue reading →

NJCJI Executive Director Marcus Rayner testifies before the NJ Supreme Court

May 23, 2013NewsExpert Evidence, New Jersey Courts, New Jersey Supreme Court, NJCJINJCJI

Marcus Rayner Headshot

Rayner

NJCJI’s President, Marcus Rayner, testified before the state’s highest court on Tuesday, May 21st.  Rayner asked the justices to consider amending the state’s Rules of Evidence to ensure that evidence permitted in New Jersey courtrooms are of comparable caliber to evidence permitted at trial in other jurisdictions. 

 

New Jersey’s Rules of Evidence, which act as a framework to determine whether evidence is admissible in court, have been heavily criticized for being too favorable to plaintiffs and their attorneys.  As a result, plaintiffs from across the country seek to have their cases heard in New Jersey courts whenever possible, where the standard for what may be considered evidence is notoriously and disproportionately low. 

 

The past several years have seen an epidemic of “litigation tourism” in New Jersey as thirty-four other states have adopted all or part of the federal Daubert standard.  Amending New Jersey’s Rules of Evidence would likely cut down on litigation tourism and the associated costs of hearing the cases of non-New Jersey residents and warrant fewer instances of appellate review. 

 

Rayner was joined by Edward Fanning, who testified on behalf of the New Jersey Defense Association, and John Zen Jackson, testifying on behalf of the Medical Society. 

New Jersey Falls Further Into Expert Testimony Minority

June 19, 2014News, Top StoriesCivil Justice, Expert Evidence, Legal Reform, New Jersey Supreme Court, NJCJINJCJI

Gov. Jindal signed H.B. 624 into law on June 12, 2014.  The new law formally codifies the Daubert standard as Louisiana’s law governing the admissibility of expert opinion testimony in Louisiana state courts.

 

Continue reading →

NJCJI Comments on Court’s Rulemaking Efforts

May 22, 2014News, Top StoriesBusiness Climate, Civil Justice, Expert Evidence, Legal Reform, New Jersey Courts, New Jersey Supreme CourtNJCJI

At our Spring Luncheon, Chief Justice Rabner joked that he spends 65% of his time judging cases and 65% doing administrative work. The administrative side of the court system is a critical, yet often-overlooked aspect of our legal system.

 

Right now the court is in the process of making decisions that will greatly impact how businesses are treated when they are a party to a case, and what sort of expert testimony is allowed in New Jersey courtrooms.

 

Continue reading →

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