In this product liability action, the trial court granted defendants' summary judgment motion and dismissed plaintiff's case after excluding plaintiff's expert report as a net opinion. We reverse because the deficiency in the expert's report was caused by the trial court's error in denying plaintiff the 450 days of discovery he is entitled to receive under Track III. R. 4:24-1(a).
Initially filed in the Law Division, the case was temporally removed to the United States District Court by one of the named defendants. The federal court thereafter granted plaintiff's motion to remand the case to the Law Division. Under the facts presented here, the Law Division erred by not tolling the running of the discovery period under Track III during the time the case was under the exclusive jurisdiction of the federal court. 9-09-11
