Bucking the trend in jurisdictions that apply the Frye general acceptance test (such as Florida and Illinois), in November the California Supreme Court stated that trial courts have “substantial gatekeeping” responsibilities, and favorably cited federal Supreme Court precedents like Daubert v. Merrell Dow Pharmaceuticals, Joiner v. General Electric Co., and Kumho Tire v. Carmichael. Perhaps […]
Tag Archives | Quackspertise
Some Federal Courts Continue to Neglect Federal Rule of Evidence 702
The admissibility of expert testimony in federal court is governed by FRE 702. FRE 702 was amended, in fact completely rewritten, in 2000. As I’ve noted before, that hasn’t stopped some federal courts from ignoring the text of the rule in favor of other considerations. Thus, not for the first time, we find a court […]