Court Axes Accutane Suits, Adopts 'Daubert' Standard for Expert Reports
In the ruling, the court adopted the standard set by the U.S. Supreme Court's 1993 decision, "Daubert v. Merrell Dow Pharmaceuticals," which sets a high standard for the use of experts in products liability cases—more stringent than New Jersey's Rule of Evidence 702.
August 01, 2018 at 03:12 PM
1 minute read
Tannen Maury/ Bloomberg News New Jersey Supreme Court on Wednesday said had pushed the court to update its standard Daubert v. Merrell Dow Pharmaceuticals, Kemp ex rel. Wright v. State Daubert Daubert Daubert Today's decision is a victory for patient health and for good science. As the American Medical Associate aptly said in this case, "Patients, physicians, and our system justice all suffer when courts permit outlier experts to confuse juries with disproven theories based on scientifically unsound methodologies that contradict peer-reviewed medical studies." "We are gratified that the Supreme Court endorsed exclusion of experts whose "novel theory of causation" "flies in the face of consistent findings of no causal association," Keller said. That decision came roughly a week after a different panel of the Appellate Division reinstated a different set of 335 cases on other grounds.
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