October 2019 Bar Bulletin
By Anjelica Cappellino
To ensure the admissibility of expert testimony, it is critical to understand the governing standard of expert admissibility in the jurisdiction in which the case will be tried.
Within U.S. jurisprudence, there are generally two major competing standards based in two seminal decisions — Frye ,1 and a U.S. Supreme Court decision, Daubert v. Merrell Dow Pharmaceuticals, Inc.2 While the federal court system exclusively follows Daubert, state courts are divided between the two. A number of states continue to use the Frye standard, and interestingly, the states that have adopted (approximately 27) have not all uniformly applied the standard.
In light of the differences between...