You can find the first part of this story here.
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 mainstream. Florida law was starkly at odds with the reliability concerns addressed by Daubert and its progeny and counterparts.
Continue reading “Growing Pains: The Story Behind Florida’s Daubert Arc – Part 2”
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 has become outmoded and anachronistic in an era of dizzying technological and scientific advancement ─ and riddled with exceptions. Daubert’s focus on reliability and fit incorporates the necessary flexibility, rigor, and judicial engagement to warily allow the expert wheat while turning away the chaff. The transition has played a pivotal role in fine-tuning the tort system in search of well-founded fact-finding and more rational adjudications.
Continue reading “Growing Pains: The Story Behind Florida’s Daubert Arc – Part 1”
Today, the New Jersey Supreme Court reconciled New Jersey’s framework for analyzing the reliability of expert testimony under N.J.R.E. 702 and the federal standard set forth in Daubert v. Merrell Dow Pharmaceuticals, Inc. The court incorporated the Daubert factors into New Jersey’s framework for civil cases, while simultaneously holding that the trial court appropriately played its gatekeeping role in excluding plaintiffs’ expert testimony regarding certain epidemiological studies.
Continue reading “NJ Top Court Gives Exclusion of Plaintiffs’ Experts Stamp of Approval”
