Minding Your Business

Proskauer’s perspective on developments and trends in commercial litigation.

Tag Archives: Daubert v. Merrell Dow Pharmaceuticals

Changes to Rules Governing Expert Testimony Imminent

Last month, the Advisory Committee on Evidence of the Judicial Conference of the United States’ Committee on Rules of Practice and Procedure voted to unanimously to recommend certain amendments to Federal Rule of Evidence 702, which governs the admissibility of expert witness testimony.  This vote signals imminent changes that could significantly affect federal practitioners’ requirements … Continue Reading

Changes to Rule 702 Cement Judge’s Role as Gatekeeper for Expert Testimony

A proposed amendment to Federal Rule of Evidence 702, which governs the admissibility of expert testimony in federal court, could clarify the evidentiary burden on proponents of expert testimony and a court’s role regarding its admissibility. Motions under Rule 702, frequently called Daubert motions after the Supreme Court’s opinion Daubert v. Merrell Dow Pharmaceuticals Inc., … Continue Reading

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 of expert or scientific evidence. The Frye standard, which was adopted in Florida in 1952, applies to expert testimony based upon new or novel scientific … Continue Reading
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