J. Blake Hunter | Butler Weihmuller Katz Craig | May 29, 2019 Prior to 1993, federal and state courts used the standard enunciated in Frye v. United States, 293 F. 1013 (D.C. Cir. 1923), to determine whether scientific evidence should be admitted at a trial. The Frye standard requires the offeror of the evidence to establish that the… Continue reading The Final Word? The Florida Supreme Court Adopts the Daubert Standard for Evidence
Tag: Frye Standard
Florida Decides Against Adopting Daubert
Rahul Gogineni | Subrogation Strategist | December 12, 2018 In Delisle v. Crane Co., 2018 Fla. LEXIS 1883, 43 Fla. L. Weekly S 459, the Supreme Court of Florida reaffirmed that the appropriate test for admissibility of an expert opinion about new or novel scientific evidence is the “Frye” test, not the “Daubert” test. As result… Continue reading Florida Decides Against Adopting Daubert
Supreme Court of Florida Upholds the Frye Standard
Andrew O. Gay and Luis Prats | Carlton Fields | November 13, 2018 On October 15, 2018, in the matter of Richard Delisle vs. Crane Co., et al.[1], the Supreme Court of Florida unequivocally reaffirmed that Frye remains the standard for the admission of expert testimony. This reaffirmation comes after the Florida Legislature amended section 90.702 to incorporate… Continue reading Supreme Court of Florida Upholds the Frye Standard
Florida Supreme Court Rebuffs Legislature’s Mandate to Adopt Daubert Standard
Clifford J. Zatz and William L. Anderson | Crowell & Moring LLP | October 22, 2018 Five years after the Florida legislature amended the state’s evidence code to incorporate the Daubert standard for admissibility of expert testimony, the Florida Supreme Court last week held the amendment unconstitutional. “With our decision today,” said the Court, “we reaffirm that Frye, not Daubert,… Continue reading Florida Supreme Court Rebuffs Legislature’s Mandate to Adopt Daubert Standard
Fla. Supreme Court Changes Standard for Admitting Expert Testimony Into Evidence
Ernest Wagner | Marice Wutscher LLP | October 25, 2018 The Supreme Court of Florida recently held that the Florida Legislature’s 2013 amendment of the Florida Rules of Evidence adopting the federal Daubert standard for admitting expert testimony was unconstitutional. In so ruling, the Court returned Florida to the Frye standard for admitting expert testimony. A copy of the… Continue reading Fla. Supreme Court Changes Standard for Admitting Expert Testimony Into Evidence