Top Stories

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.

Read More »
A Fraud On Us All

In her Inquirer article on the Consumer Fraud Act-based Super Bowl ticket lawsuit, author Jan Hefler optimistically asserts, “A ruling in the fan’s favor could also lead to lower ticket prices the next time the Super Bowl is held at MetLife Stadium in East Rutherford, N.J.” That the court recently ruled in the fan’s favor is true. Whether it will lead to lower ticket prices in the future is a more complicated question.

Read More »
Report Offers Insight Into Murphy’s Legal Agenda

Gov. Murphy ran on a progressive, social-justice-orientated agenda, but as is the trend right now, offered few details on specific policy proposals. Until we hear Murphy’s budget address, and see his proposed budget, much of his agenda remains a mystery. However, we are getting some clues about what his legal policy plans are based on the Law & Justice report from his transition committee.

Read More »