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.
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