NJ Supreme Court Clarifies Expert Testimony Rule

Law360, New York (March 19, 2015, 3:03 PM EDT) -- The New Jersey Supreme Court recently clarified the scope of the "Net Opinion Rule," which precludes expert testimony that does not have a sufficient factual basis. In Townsend v. Pierre, __ N.J. __ (March 12, 2015), the court reversed the Superior Court of New Jersey, Appellate Division, and affirmed the trial court's decision to exclude portions of the plaintiffs' expert's proffered testimony that amounted to an inadmissible "net opinion," unsupported by the factual evidence. In addition, the Townsend court ruled that the plaintiffs could not circumvent the "net opinion rule" by utilizing a hypothetical question regarding an alternative factual scenario that was premised upon the explicit rejection of uncontroverted testimony....

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