New Clarity On Expert Testimony In Pa. State Courts

By Louis DePaul and Carolyn Boucek (August 22, 2019, 3:22 PM EDT) -- Understanding whether the procedural laws of the forum or other substantive laws apply is paramount to effectively managing a litigation — and a failure to properly anticipate which law applies risks putting your client in a perilous position. Generally speaking, while parties can agree to apply the substantive law of a state outside the forum, the forum state will almost always apply its own procedural laws.[1]

In Pennsylvania, among other states, the question of whether an issue is substantive or procedural is a procedural issue in itself, and therefore the forum state's laws govern whether to apply the forum's substantive law.[2]...

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