In Carl v. Johnson & Johnson, which involved multi-county baby powder litigation, the Appellate Division ruled that the trial court abused its discretion when it barred the plaintiff’s’ experts’ opinions on causation. The Court held that the experts’ opinions were based on sound methodology applied to data upon which experts in their field may reasonably rely. The trial court erred because it selected the defendants’ scientific methodologies over the plaintiffs’, a process well beyond the court’s gatekeeping function.
