Blog Archives

A treating physician’s testimony may be offered to address a pivotal element of a plaintiff’s claims for disability discrimination

Posted in *All Posts, *Published case, Disability, Discrimination, Employment Law, Evidence, Expert Testimony, Litigation

The testimony of a treating physician is admissible to support a plaintiff’s disability claim

Posted in *All Posts, *Published case, Evidence, Expert Testimony, Litigation

A plaintiff has sixty days from the date of the defendant’s answer to file an affidavit of merit

Posted in *All Posts, *Published case, Affidavit Of Merit, Expert Testimony, Legal Malpractice, Litigation, Professional malpractice

Cross-examination is the greatest legal engine ever invented for the discovery of truth

Posted in *All Posts, Evidence, Litigation

The rules of evidence may be relaxed to admit relevant and trustworthy evidence in the interest of justice in actions within the cognizance of the Small Claims Section of the Special Civil Part

Posted in *All Posts, Evidence, Litigation

Terms of a stipulation of settlement stated on the record

Posted in *All Posts, Litigation, Motions, Property-settlement-agreement, Relief from judgment, Settlement, Settlement agreement, Stipulations

The decision to admit or exclude expert testimony is left to the sound discretion of the trial court

Posted in *All Posts, Evidence, Expert Testimony, Litigation

Where the parties have made a writing the sole repository of their bargain, there is the integration which precludes evidence of antecedent understandings and negotiations to vary or contradict the writing — this is in essence the parol evidence rule

Posted in *All Posts, Contracts, Evidence, Parol Evidence Rule

Expert testimony that a defendant possessed a controlled dangerous substance with the intent to distribute is nothing less than a pronouncement of guilt by mimicking the statutory elements of the offense

Posted in *Published case, Criminal, Evidence, Expert Testimony, Litigation

In drug cases, an expert witness may not opine on the defendant’s state of mind

Posted in *All Posts, *Published case, Criminal, Evidence, Expert Testimony, Litigation

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