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Archive for the ‘Expert Testimony’ Category

*All Posts,Evidence,Expert Testimony,Legal Malpractice,Litigation,Net Opinion Rule

Absent the identification of an act or omission that failed to conform to an articulated professional standard resulting in damages, a legal malpractice expert’s report lacks the why and wherefore amounting to a bare conclusion of professional negligence

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January 17, 2012 at 5:41 pm

*All Posts,Evidence,Expert Testimony,Litigation,Net Opinion Rule

Experts must be able to identify the factual bases for their conclusions, explain their methodology, and demonstrate that both the factual bases and the methodology are scientifically reliable

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January 17, 2012 at 5:40 pm

*All Posts,Child,Child-custody,Discovery,Expert Testimony,Litigation,Parental Rights

A parent is entitled to a reasonable opportunity to conduct discovery of a court-appointed expert

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January 8, 2012 at 2:34 pm

*All Posts,Evidence,Expert Testimony,Litigation

A fact finder is never bound to accept the testimony of expert witnesses, even if it is unrebutted by any other evidence

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January 6, 2012 at 1:01 pm

*All Posts,Evidence,Expert Testimony,Litigation,Net Opinion Rule

The net opinion rule has been succinctly defined as a prohibition against speculative testimony

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January 5, 2012 at 11:13 am

*All Posts,Evidence,Expert Testimony,Legal Malpractice

The common knowledge doctrine allows plaintiffs in a malpractice action to present triable issues without resort to the testimony of an expert

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December 16, 2011 at 12:27 pm

*All Posts,Evidence,Expert Testimony,Litigation,Net Opinion Rule

The net opinion rule precludes an expert from offering a mere conclusion that is not supported by factual evidence or other data

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December 13, 2011 at 11:28 am

*All Posts,Contracts,Damages,Evidence,Expert Testimony,Litigation

Although the amounts at stake in the Special Civil Part generally are relatively small, and the burdens of proving damages can be significant by comparison, the evidence to support plaintiff’s lost profits claim must not be too scant and conjectural to be upheld

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November 29, 2011 at 11:57 am

*All Posts,Child Abuse,Expert Testimony,Hearsay,Lay opinion testimony

DYFS is permitted to submit into evidence reports by staff personnel; however, conclusions drawn from the facts stated therein shall be treated as prima facie evidence, subject to rebuttal

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November 18, 2011 at 7:14 pm

*All Posts,Expert Testimony,Legal Malpractice,Net Opinion Rule

An expert must give the why and wherefore of his or her opinion, rather than a mere conclusion

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November 15, 2011 at 9:45 am