On Aug. 1, the New Jersey Law Journal ran a headline “Court Axes Accutane Suits, Adopts ‘Daubert’ Standard for Expert Reports” (by Michael Booth), which was followed on Aug. 10 by a commentary entitled “New Jersey Supreme Court Adopts ‘Daubert’ 25 Years Later” (by Stephen M. Orlofsky and Ethan M. Simon). To the contrary, the court agreed with the position advanced by amicus New Jersey Association for Justice and refused to “adopt” the Daubert “standard” and the case law interpreting that “standard.” Daubert v. Merrell Dow Pharms., 509 U.S. 579 (1993).

In this regard the court stated:

In adopting use of the Daubert factors, we stop short of declaring ourselves a “Daubert jurisdiction.” Like several other states, we find the factors useful, but hesitate to embrace the full body of Daubert case law as applied by state and federal courts.

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Thus, we do not adopt a “standard” that we cannot fully discern in its application at this time.

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