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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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Need and Prejudice: An Eleventh-Hour Trial Continuance Where A Key Witness Is Unexpectedly Unavailable

Posted by Law Firm of Haight Brown & Bonesteel LLP on Aug 12th 2018

Need and Prejudice: An Eleventh-Hour Trial Continuance Where A Key Witness Is Unexpectedly Unavailable
In Padda v. Superior Court (GI Excellence), No. E070522, the Court of Appeal, Fourth Appellate District, Division Two, recently held that a trial court abused its discretion in denying Defendants/Cross-Complainants’ request for a trial continuance where their key expert witness suddenly became ill twelve days before trial and before his deposition had been taken.The case arose from an employment-related contract dispute between two Gastroenterologists (hereafter “Petitioners”) and Plaintiff/Cros
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