New Clarity On Expert Testimony In Pa. State Courts
Law360 (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.
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....
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