‘Accutane’ Appeal Presents Opportunity for NJ to Adopt ‘Daubert’

Causation is an essential element needed to prove a products liability claim and which often involves scientific and medical complexities. In such instances, expert testimony is required.

It has been the position of many products liability lawyers that the New Jersey standard for admissibility of expert testimony needs to be more stringent and consistent with the federal standard set forth in Daubert v. Merrell Dow Pharm., 509 U.S. 579 (1993). Applying a strict standard to judicial gatekeeping of scientific evidence, Daubert is intended to ensure that “junk science” is not permitted to reach the jury.

To continue reading Michelle Bufano and Louis Russo's article from the New Jersey Law Journal, please click here.