Amateur philosophers, bar flies, and eulogists, among others, are known to wistfully observe that nothing dies so long as it is remembered and discussed. That’s a comforting sentiment when it comes to loved ones and legacies,...more
7/30/2019
/ Admissibility ,
CA Supreme Court ,
Daubert Standards ,
Evidence ,
Expert Testimony ,
Expert Witness ,
Kelly-Frye Test ,
Lockheed Martin ,
Recusal ,
Reliability Standards ,
Rule of Evidence 702
In 2013, spurred by the decisions in Marsh and Hood, the Florida Legislature amended F.S. 90.702 to mirror Federal Rule of Evidence 702. In a preamble to the final bill, the Legislature expressed its intent to (1) adopt the...more
The Aftermath of Marsh -
When the Marsh case was decided in 2007 its broad interpretation of the “pure opinion exception” and narrow vision of the role of Frye took Florida expert evidence admissibility law well out of the...more
7/8/2019
/ Admissibility ,
Appeals ,
Causation ,
Daubert Standards ,
Evidence ,
Expert Testimony ,
Florida ,
Kelly-Frye Test ,
Legislative Agendas ,
Motion to Exclude ,
Reversal ,
Rule of Evidence 702 ,
Scientific Research ,
Statutory Interpretation ,
Summary Judgment ,
Trial Court Orders
The steady but sometimes slow adoption by the states of the Daubert standard for expert admissibility, and the accompanying recession of the Frye standard, is something of a coming of age for the national jurisprudence. Frye...more