Supreme Court of New Jersey August 20, 2002 (Kemp Ex Rel. Wright v. State)

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United States · · · 20-08-2002

PORITZ, C.J.,

dissenting.

In my view, the trial court properly performed its “gatekeeper function” when it ruled that there was no scientific basis for the opinion offered by plaintiffs’ expert, Dr. Huggins. Ordinarily, when the trial court is “‘faced with a not generally accepted theory of causation,’ ” a Rule 104 hearing is appropriate “ ‘to assess the soundness of the proffered methodology.

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