Earlier today we posted yet another report on the application of Daubert in the Aredia-Zometa litigation. To say that expert witness issues come up often in our business would be a bit of an understatement. Take a look at our topic headings on the right side of this page. Junk science, with or without the mellifluous stylings of Dr. Parisian, is the kudzu of drug and device law.
Next Friday (March 1) the New Jersey Lawsuit Reform Alliance is offering a CLE program on “The Unfinished Daubert Revolution” at the Hilton Hotel in Short Hills, N.J. The panel is terrific, with one possible exception. Professor David Bernstein (George Mason Univ.), Michelle Bufano (Gibbons), John Kim (J&J), the Hon. Edwin Stern (retired, now at Gibbons), and mighty-brave plaintiff lawyer Kevin Roddy (Wilentz) will have interesting things to say about expert witnesses. The exception alluded to above is that, instead of the originally scheduled, mega-smart Paul Schmidt (Covington), who has been called away to some exotic destination on business, the panel is now saddled with mega-snarky McConnell of this blog as the new sixth wheel. McConnell will certainly complain loudly about New Jersey’s “flexible” standard for expert testimony and will likely draw inapt analogies to The Sopranos and Real Housewives of New Jersey.
It should be fun.