Bar Bulletin

Bar Bulletin

Frye v. Daubert: A Choice of Law

November 2019 Bar Bulletin,

By Richard D. Ross and Karen S. Bamberger

Admissibility Under the Daubert Trilogy

In federal courts, admissibility depends upon the standards set forth in Daubert as well as two subsequent decisions — General Electric Co. v. Joiner and Kumho Tire v. Carmichael.

Daubert v. Merrell Dow Pharmaceuticals, Inc.

The Supreme Court in Daubert held: “[The Federal Rules of Evidence] assign to the trial judge the task of ensuring that an expert’s testimony both rests on a reliable foundation and is relevant to the task at hand.”76

As previously noted, the impetus for Daubert is Federal Rule of Evidence 702, specifically the term “knowledge.” According to the Court, knowledge...

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