Amid Push for 'Daubert' in NJ, Plaintiffs Lawyers See No Need for Change
While a host of parties is urging the New Jersey Supreme Court to adopt the "Daubert" standard for admissibility of expert testimony, some lawyers say a change is unnecessary.
October 02, 2017 at 05:45 PM
4 minute read
While a host of parties is urging the New Jersey Supreme Court to adopt the Daubert standard for admissibility of expert testimony, some lawyers say a change is unnecessary.
An assortment of large employers, business groups and law professors asked the state's highest court last month to adopt the Daubert standard in amicus briefs for a mass tort concerning the acne drug Accutane. The pro-Daubert campaign consists of four amicus briefs in In Re: Accutane Litigation, where Hoffmann-La Roche Inc. is seeking to overturn an Appellate Division decision finding testimony from plaintiffs' experts admissible.
The Daubert standard, which is derived from the 1993 U.S. Supreme Court decision Daubert v. Merrell Dow Pharmaceuticals, is used in federal courts and in a majority of state courts, and is more stringent in weighing the admission of expert testimony than New Jersey's Rule of Evidence 702. In the Accutane case before the Supreme Court, proponents of Daubert have argued in amicus briefs that the current standard is unclear and that cases that couldn't survive in federal courts or in other state courts are being filed in New Jersey in hopes of getting a jury trial on less-than-reliable expert testimony.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2025 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllRhyme and Reason: The Legal and Ethical Challenges of Using Rap Lyrics as Evidence
5 minute readTrending Stories
- 1Legaltech Rundown: Alexi Launches an AI Litigation Tool, Hotshot Announces Private Equity Practice Courses, and More
- 26-48. It’s Comp Time Again: How To Crush Your Comp Memo
- 3'Religious Discrimination'?: 4th Circuit Revives Challenge to Employer Vaccine Mandate
- 4Fight Over Amicus-Funding Disclosure Surfaces in Google Play Appeal
- 5The Power of Student Prior Knowledge in Legal Education
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250