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15 Jun 2017 Missouri Marches Toward Daubert

  Missouri, declared one of the nation’s “Judicial Hellholes®” by the American Tort Reform Foundation, soon will join the federal courts and 39 other states in applying the Daubert standard for the admissibility of expert testimony after enacting H.B. 153. Under Missouri’s current statute, expert opinion testimony is deemed admissible if the expert was duly qualified and the facts or data were of the type “reasonably relied upon by experts in the field.”   It is widely believed that this standard, along with weak venue…

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10 Mar 2017 Is Daubert Dead in Florida?

  Since 2013, Florida state courts have applied the Daubert standard for the admissibility of expert testimony following the Florida Legislature’s rejection of the longstanding Frye and “pure opinion” standard.  Through amendments to §§ 90.702 and 90.704, Fla. Stat., the “Daubert Amendment,” Florida joined more than two-thirds of states and the federal courts in applying the Daubert . . . or did it?   Under Florida’s Constitution, the Florida Supreme Court has the ultimate authority in adopting a given evidentiary standard.  Thus, the 2013 legislative…

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09 Jan 2017 Why Daubert in D.C. Matters

  Since the U.S. Supreme Court held that Federal Rule of Evidence 702 superseded the “general acceptance” test more than 20 years ago in Daubert v. Merrell Dow Pharmaceuticals, Inc., the Daubert standard has governed the admissibility of expert testimony in all federal courts. Gradually, many states have also adopted Daubert. With Motorola, Inc. v. Murray, 2016 WL 6134870 (D.C. Oct. 20, 2016), the District of Columbia becomes the latest holdout jurisdiction expressly dispensing the Frye standard and adopting Rule 702.   In Motorola, the…

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