Expert Disclosure in New York: One Step Forward, Two Steps Back

, New York Law Journal


Barbara A. Lukeman, a partner with Nixon Peabody, and Thomas M. Mealiffe, an associate at the firm, write: Unlike its federal counterpart, New York's expert disclosure rule is marked by inefficiency, ambiguity, and inconsistency. These deficiencies have prompted the NYSBA to propose a set of voluntary rules to bolster the current rules for cases before the Commercial Division, but a large portion of litigants outside of the Commercial Division must still contend with insufficient expert disclosure and a legal morass created by unpredictable rulings from each of the four appellate departments.

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