News & Analysis as of

Kelly-Frye Test

Is the Frye Standard Making a Comeback in Florida?

On July 11, 2017, the Florida Supreme Court accepted jurisdiction of a case in which it is expected to finally decide, conclusively, whether Florida courts are to apply the Frye or Daubert standard to determine admissibility...more

February 2017: The Court That Created Frye Moves to Rule 702/Daubert Standard

In the twenty-three years since the Supreme Court issued its seminal opinion on the admissibility of expert witness testimony, Daubert v. Merrell Dow Pharm., Inc., 509 U.S. 579 (1993), approximately 40 states have embraced...more

D.C. appellate court strikes another nail in the coffin for the Frye test

by Thompson Coburn LLP on

In a striking decision that has the civil litigation bar abuzz about its implications, the D.C. court that first introduced us to the Frye test has now overturned it in favor of Daubert. What distinguishes the court’s...more

DC High Court Adopts Daubert Approach to Expert Testimony in Win for Wireless Industry

by Beveridge & Diamond PC on

In an immediate victory for mobile phone manufacturers and service providers, and with implications for any other case involving expert testimony in the District of Columbia, the District of Columbia’s highest court abandoned...more

New York Reaffirms General Acceptance Standard in Frye for Scientific and Technical Issues

by Wilson Elser on

In a recent opinion handed down by New York’s highest state court – the Court of Appeals –Sean R. v. BMW of N. Am., LLC, 2016 N.Y. Slip. Op. 01000 (Feb. 2016) reaffirmed New York’s continued adherence to Frye’s “general...more

New York Court of Appeals Rejects Litigation Science under Frye Standard

by Cozen O'Connor on

Put quotes around the phrase “litigation science” and Google it. Go ahead, we’ll wait. . . . . What did you find? Not good, right. You found a lot. Too much. The first Google page alone shows how controversial this...more

Third District Applies Daubert Retroactively

by Wilson Elser on

Florida’s first appellate review under Daubert occurred in Perez v. Bell South Telecommunications, Inc., 39 Fla. L. Weekly D 685b (April 24, 2014). The Third District Court of Appeals became the first Florida appellate court...more

Pennsylvania Courts Clarify Expert Testimony Admissibility Standard

by Nelson Brown & Co. on

The admissibility standard to which expert opinions have been held in Pennsylvania has just been clarified. In a recent decision addressing the application of Frye v. United States, 293 F. 1013 (D.C.Cir.1923), the...more

Sargon Enterprises, Inc. v. University of Southern California: A New “Gatekeeper” Role for the Admission of Expert Testimony in...

What is the likely effect of the California Supreme Court’s decision in Sargon Enterprises, Inc. v. University of Southern California (“USC”), 55 Cal. 4th 747 (2012), on the admissibility of expert testimony in California?...more

Florida Expert Evidence 2.0 - The Frye to Daubert Upgrade

by Cozen O'Connor on

On June 4, 2013, Florida Governor Rick Scott signed HB 70151 (renumbered as Chapter 2013-107) into law amending Florida Statutes §§ 90.702 and 90.704 to conform with the federal evidentiary standard articulated in Daubert v....more

Florida Adopts More Stringent Standard For Expert Witnesses

by Bilzin Sumberg on

Florida recently joined the federal courts and 40 other states in adopting the Daubert standard for admissibility of expert testimony....more

Legislature Amends Evidence Code Provisions Governing Admission Of Expert Testimony

by Carlton Fields on

The Florida Legislature passed House Bill 7015, dealing with expert testimony, which has been signed into law by Governor Scott. Chapter 2013-107, Laws of Florida, amends Florida’s evidence code to conform to Rule 702 of the...more

Florida Poised to Scrap Frye and become a Daubert Jurisdiction

by Wilson Elser on

In cases involving scientific or novel evidence, defendants have long been at a disadvantage in Florida due to its very liberal application of the Frye standard. It appears this is about to change. ...more

Seagulls on the Water?¹ Has California Supreme Court Indicated A Major Change in Direction for the Admissibility of Expert Opinion...

by Low, Ball & Lynch on

California courts have generally granted qualified experts wide latitude in permitting their opinion testimony to be heard by a jury. In the recent case of Sargon Enterprises, Inc. v University of Southern California (2012)...more

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