NJCJI Files Brief on the Importance of Judicial Gatekeeping

Judicial gatekeeping on expert testimony is often discussed as a concern about junk science – with an implication that anything not plainly lacking in scientific basis is a mere question of persuasiveness that should therefore go to the jury. The New Jersey Appellate Division recently took that concept to its extreme conclusion, holding that whenever a well-credentialed expert relies on some sort of scientific data and can offer an explanation for his conclusions, that testimony must be admitted, no matter the methodological flaws. Those flaws go merely to the strength of the testimony, the panel determined, and weaknesses can be exposed on cross examination and countered by other experts. As a result, the trial judge’s studied judgment to bar flawed expert testimony in the ongoing In re Accutane Litigation was reversed.

By |2018-02-23T15:58:32-05:00February 23, 2018|News, Top Stories|0 Comments

New Jersey High Court Ponders Liability in the New Economy

Contract work blurs the traditional definitions and roles of employee and employer, and this evolution of the labor market has created tension between contract law and employment law. The New Jersey Supreme Court has taken up a case that arises out of that evolution. It is deciding whether contract employees can be required to waive tort claims they might bring against a contract employer when Workers Compensation is available from their direct employer. We filed an amicus brief in this case arguing that making the Workers’ Comp model compatible with the modern economy requires that such arrangements be upheld.

By |2017-10-27T13:59:39-04:00October 27, 2017|News, Top Stories|0 Comments
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