New Jersey Appellate Division Reverses Trial Court in Talc Litigation Again
On Oct. 3, the New Jersey Appellate Division reversed and remanded plaintiffs' award of $37.3 million in compensatory damages and $186.5 million in punitive damages in a four-plaintiff consolidated trial against Johnson & Johnson/Johnson & Johnson Consumer ("defendants").
October 13, 2023 at 10:00 AM
7 minute read
Litigation
On Oct. 3, the New Jersey Appellate Division reversed and remanded plaintiffs' award of $37.3 million in compensatory damages and $186.5 million in punitive damages in a four-plaintiff consolidated trial against Johnson & Johnson/Johnson & Johnson Consumer ("defendants"). Barden v. Brenntag N. Am., 2023 N.J. Super. Unpub. LEXIS 1624.
The issue focused on the admissibility of expert testimony. The Appellate Division's decision upheld the tradition that the trial court is the "gatekeeper of expert witness testimony." Id. at 7 citing to In re Accutane Litigation, 234 N.J. 340, 389 (2018). This necessary function prevents exposing the jury to "unsound science." Id. at 7.
|Background
In this consolidated trial, plaintiffs alleged they developed mesothelioma as a result of using Johnson's Baby Powder and Shower to Shower under the New Jersey Product Liability Act. In support of their argument, plaintiffs presented the testimony of James Webber, Ph.D; Jacqueline M. Moline, M.D.; and William E. Longo, Ph.D.
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