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02 Jun 2017 ‘Non-Precedential’ Unpublished Decisions in Daubert and Frye Cases, Often Silenced

  State and federal trial court judges repeatedly review evidentiary challenges to experts’ causation opinions in toxic tort personal injury cases. They critically examine voluminous records full of scientific studies and expert testimony in the areas of toxicology, genetics, epidemiology, and industrial hygiene. In the end, the judges repeatedly produce well-reasoned, detailed decisions under the Daubert (applicable in all federal and most state courts) or Frye (applicable in some states) standards for the admissibility of scientific evidence.   Many trial court opinions on expert testimony,…