Florida Supreme Court Says Frye Is 'Still The One'

Law360 (November 16, 2018, 2:48 PM EST) -- To paraphrase the iconic rock band Orleans, the Florida Supreme Court effectively just said to Frye, “We've been together since way back when ... and you’re still the one.”[1]

In 2015, the Florida Legislature amended Fla. Stat. Section 90.702 to adopt the Daubert standard[2] for admitting expert testimony in Florida courts. You may remember that in 2017, the Florida Supreme Court declined to adopt the Daubert amendment “to the extent that it is procedural due to the constitutional concerns raised, which must be left for a proper case or controversy.”[3]

This ruling left many practitioners and judges confused. It became common...

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