On August 1, 2018, the New Jersey Supreme Court held that civil trial courts should look to the factors set forth in Daubert v. Merrell Dow Pharmaceuticals, 509 U.S. 579 (1993), in assessing the ...

That decision came roughly a week after a different panel of the Appellate Division reinstated a different set of 335 cases on other grounds.

The distinction between Frye and Rule 702/Daubert matters as much as it always has—a fact perfectly illustrated by the Murray case. In Murray, the trial court was considering whether plaintiffs’ ...

Practitioners often refer to mounting "a Daubert attack" -- as if there were only one type of attack that you can make as a litigant opposing the introduction of expert testimony. In fact, professor ...