Tag Archives: trial

To Call (Two) or Not To Call (Any) Experts: That Is No Longer a Question

The New Jersey Appellate Division recently handed down two decisions that give trial lawyers greater freedom to try their cases when it comes to the selection and presentation of expert testimony. In McLean v. Liberty Health System, A-1793-11, a medical malpractice case, the plaintiff retained two emergency room medical experts to opine that the plaintiff’s ER treatment deviated from the standard of care. The trial court granted the defense counsel’s unwritten and off-the-record request that each side be limited to one expert per specialty.…

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Doctrine of Res Ipsa Loquitur Continues to Expand in New Jersey

To invoke the doctrine of res ipsa loquitur, a plaintiff must establish: (1) the incident at issue “ordinarily bespeaks negligence”; (2) the instrumentality causing the injury was within the defendant’s exclusive control; and (3) there is no evidence that the injury was the result of plaintiff’s voluntary act or neglect.  In Mayer v. Once Upon a Rose, Inc., the Appellate Division has continued New Jersey’s expansion of plaintiff’s opportunities to reach a jury by invoking the doctrine. Plaintiff, a caterer, claimed he sustained…

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Necessarily Unhelpful: If Expert Opinion Is ‘Unnecessary’ for the Plaintiff to Prove a Warning Case, Can the Defendant Seek to Exclude It as ‘Unhelpful?’

A recent trial court opinion granting a defendant’s motion to strike an expert’s “net opinion” on the sufficiency of a warning, but then denying summary judgment on the grounds that expert testimony is not necessary in an otherwise straightforward failure-to-warn case, raises an interesting question: If expert testimony is not necessary to prove a failure-to-warn claim in the first instance, then shouldn’t defendants be moving to strike the expert testimony more often on the grounds that such testimony is “unhelpful” to the jury? Vazquez v.

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Jurors’ Use Of Social Media At Trial

Hardly a day passes without a report of the impact of social media on the law.  From divorce cases, which lead the charge in the use of Facebook information in court, to criminal law enforcement , workers compensation, and personal injury matters , there is no doubt that the use of evidence obtained from social media is widespread and gaining in general acceptance.   The power of social media to influence a case extends beyond its evidentiary value and the federal judiciary is…

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