Putting Daubert In Proper Perspective

Law360, New York (August 1, 2013, 1:19 PM EDT) -- Recently, the federal circuits resolved a long-standing misconception about the rule regarding admissibility of expert testimony as set forth by Daubert v. Merrel Dow Pharm. Inc. 509 U.S. 579 (1993). Daubert determined, “‘General acceptance’ is not a necessary precondition to the admissibility of scientific evidence under the Federal Rules of Evidence.” The U.S. Supreme Court found that such a test would not allow for an expert to rely on evolving, novel scientific issues.

In Daubert, the petitioners alleged that a drug caused them to suffer significant...
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