On November 15, 2023, the New Jersey Supreme Court released its decision on the much anticipated issue of whether Drug Recognition Expert (DRE) testimony is admissible under New Jersey Rule of Evidence 702. The Court...more
The Fourth District Court of Appeal recently issued a reminder that Daubert is the standard for all disputes regarding admissibility of expert testimony in Florida, and applies retroactively even where Frye was the standard...more
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
Seven months ago, the Florida Supreme Court declined to adopt Daubert as the standard for admitting expert testimony in Florida state courts. In DeLisle v. Crane Co., 258 So. 3d 1219 (2018), the court reaffirmed that “Frye,...more
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
Welcome to the second 2019 issue of Product Lines – our quarterly e-newsletter that focuses on toxic torts and products liability issues. For this edition, we are reporting on several important and timely legal issues. As...more
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
Spoiler Alert: This Alert may reveal spoilers from Game of Thrones. In November 2018, we reported that the Florida Supreme Court inDelisle v. Crane Co., 258 So. 3d 1219 (Fla. 2018), found that “Frye, not Daubert, is the...more
In In re: Amendments to the Florida Evidence Code, No. SC19-107 (Fla. May 23, 2019), the Florida Supreme Court used its exclusive rulemaking authority to adopt the Daubert standard governing the admission of expert testimony,...more
The ongoing debate in Florida over which expert standard — the Daubert standard or the Frye standard — for admitting expert testimony has now been resolved by the Florida Supreme Court. On October 15, 2018, in Delisle v....more
On October 15, 2018, the Florida Supreme Court, in a 4-3 decision, settled the long running debate about the appropriate admissibility standard for expert opinions in Florida state courts. ...more
Is Maryland drifting toward Daubert? The Court of Special Appeals of Maryland seemed to confirm (or re-confirm) this as recently as in Sissoko v. State. ...more
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
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
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
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 recently joined the federal courts and 40 other states in adopting the Daubert standard for admissibility of expert testimony....more
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