Frye v. Daubert Steel Cage Death Match!

I've spent literally decades learning how to apply the relatively ancient (1923) Frye standard to expert testimony in state court.

Now come some whippersnappers (Big Business?) who want Florida courts to "get with the times" and adopt the newer (1995) federal Daubert standard.

But what will I do with all that "useless and pointless knowledge" -- I guess file it away right next to my 8-Tracks, cassette tapes, and broken VCR machines.

You can read the text of the bill here.

For an industry defense perspective go here; for a consumer perspective go here.

Personally, I love this quote from Joel Perwin:
"It's an attempt to make it much more difficult to get expert testimony before a jury. It takes decision-making away from the jury. It encourages tremendous judicial activism. It's ironic that these conservative legislators give judges all that power," he said.
Oh well -- at least Daubert hearings come cheap!

Question -- should our state judges add to their workload and begin conducting complex and lengthy inquiries into highly technical or scientific matters where experts offer competing and contradictory testimony?

Don't they have enough on their (severely underfunded) plate?


  1. It would be a disaster.

  2. Yes, to be overheard at the Coral Gables District Court:

    Judge, my client’s expert, Eddie from Jiffy Lube, will testify scientifically that the air filter on a ’97 Civic driven to Plaintiff’s parttime job at Applebees 16 miles each way from his home, 3 days a week, would take 17 month to be dirty enough to have to replace, and that South Motors Honda fraudulently, negligently, and with malice aforethought told Plaintiff he needed a new air filter after only 12 months of use.

    This scientific testimony is of course subject to PEER REVIEW; namely, Eddie’s assistant manager, Julio, and Julio’s cousin, who has been dealing with Civics for 20 years.

    I have here copies of Daubert v Merrill Dow and progeny. I’ve highlighted your copy and my copy, judge. Im sorry I don't have any more copies.

  3. My gut says exclude!

  4. Judges will need passes the nearest scientific labs to make this work.

  5. This comment has been removed by the author.

  6. Dear lawyers in Cleveland: you suck!

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