Bar Bulletin

Bar Bulletin

Frye v. Daubert: A Choice of Law

October 2019 Bar Bulletin

By Richard D. Ross and Karen S. Bamberger

The Court of Appeals Interprets Frye

Although the Supreme Court expressly rejected Daubert in favor of Frye in the criminal context, the court’s refusal to pick sides in Reese v. Stroh42 led to 17 years of uncertainty regarding which standard to apply. Two heavily cited cases that exemplify the problem are discussed here.

Ruff v. Dep’t of Labor and Industries

Ruff43 was the first significant opinion interpreting Frye. Relying on Frye, the Court of Appeals held that the testimony was properly excluded for lack of general acceptance of the underlying diagnostic techniques. But rather...

CURRENT MEMBER?

SIGN IN TO VIEW THE REST OF THIS ARTICLE

NOT A MEMBER?


King County Bar
Association

1200 5th Ave, Suite 700
Seattle, WA 98101

Main (206) 267-7100

 Contact Us