Blackwell V. Wyeth: The Application Of Frye

Law360, New York (June 10, 2009, 12:00 AM EDT) -- If you are like me, the Daubert requirements on the admissibility of expert testimony play a far more active role in your practice than the older, and somewhat more limited, Frye analysis.

The May 7, 2009, opinion from the Maryland Court of Appeals in Blackwell v. Wyeth, 2009 WL 1269751 (Md. May 7, 2009), however, gave me pause to revisit Frye and reconsider its place in the product liability practitioner’s toolbox.

Certainly, Frye is a powerful weapon when applied to the appropriate case. I, for one,...
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