Blog Archives

Opinions or diagnoses within business records

Posted in *All Posts, *Published case, Child Abuse, Evidence, Expert Testimony, Hearsay, Litigation, Loss of Parental Rights

Determining the existence of a duty and the standard of care to be applied in a particular circumstance is a question of law to be determined by the court

Posted in *All Posts, Expert Testimony, Litigation, Negligence, Torts

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

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

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

The prohibition against a ‘net opinion’ bars expert testimony based on unfounded speculation or mere possibilities

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

Plaintiffs in malpractice cases are required to make a threshold showing that their claim is meritorious

Posted in *All Posts, *Published case, Affidavit Of Merit, Attorney-client-relationship, Legal Malpractice

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