Blog

New Jersey Finally Adopts Daubert

Posted by Brian C. Harris of BHSM on Sep 14th 2018

New Jersey Finally Adopts Daubert
On August 1, 2018 the New Jersey Supreme Court issued its opinion in In re Accutane Litigation, 2018 WL3636867 wherein the Court abandoned Frye’s “General Acceptance” requirement for admission ofscientific evidence under Rule 702. In doing so, it extended the gatekeeping function of the trial courtand obligated it to ensure that an expert’s testimony was both reliable and relevant before admitting itto the jury.When considering admissibility of scientific evidence the Court adopted the Daubert s
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Value Challenge: Alternative Fee Agreements May Create Financial and Ethical Risk

Posted by Michael O'Donnell on Sep 14th 2018

 Value Challenge: Alternative Fee Agreements May Create Financial and Ethical Risk
Alternative Fee Agreements (“AFAs”) are increasingly a part of doing business in today’s legal industry as clients demand clarity and predictability in pricing. Attorneys and pricing professionals should understand, however, that courts do not always view AFAs favorably and are not afraid to wade into the murkier terms of such agreements and demand specificity—often at a cost to the attorneys and firms that draft, apply, and attempt to enforce those agreements.Even well-meaning attorneys have ru
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The New Jersey Supreme Court Limits Offer of Judgment Sanctions in Multi-defendant Cases

Posted by Brian C Harris on Sep 14th 2018

The New Jersey Supreme Court Limits Offer of Judgment Sanctions in Multi-defendant Cases
In the matter of Willner v. Vertical Reality, the New Jersey Supreme Court set limits on a plaintiff’s ability to win sanctions under the Offer of Judgment Rule in cases of multiple defendants, even when the ultimate damages award is well beyond the original judgment. The Court overturned an award of sanctions in a product liability case where a jury ordered two defendants to pay plaintiff far beyond what his attorney had demanded in a pretrial offer of judgment. The Supreme Court said it wo
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The Nation's Top Attorney Fee Experts of 2018

Posted by National Association of Legal Fee Analysis on Sep 14th 2018

The Nation's Top Attorney Fee Experts of 2018
Chicago -- Every year, NALFA, a non-profit group, announces the nation's top attorney fee experts. Attorney fee experts are judicially qualified experts who provide expert testimony and reports on the reasonableness of attorney fees and expenses in underlying cases. Attorney fee experts are increasingly retained by fee-seeking or fee-challenging parties in litigation to independently prove reasonable attorney fees and expenses.Our attorney fee experts also include court adjuncts such as bankru
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Court of Appeals Confirms Stance on Complicity Doctrine in Case Involving a Passenger Injured by Intoxicated Driver

Posted by Jeff Eberhard Smith/ Freed/Eberhard on Sep 14th 2018

Court of Appeals Confirms Stance on Complicity Doctrine in Case Involving a Passenger Injured by Intoxicated Driver
Recently, in Mason v. BCK Corporation, 292 Or App 580 (2018), the court held that an injured plaintiff could not recover against a bar because the plaintiff was unable to demonstrate that he did not “substantially contribute” to the driver’s intoxication. In this case, the court considers whether the personal representative of a deceased passenger can hold the bar liable for serving the intoxicated driver if the passenger and intoxicated driver spent several hours drinking and sociali
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