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Re: Florida Drops FRYE and Returns to DAUBERT Standard
Posted by: J L Mazerat
Date: October 04, 2019 05:27PM
In 2018 Louisiana Supreme Court narrowed the area of challenge by a Daubert Motion as to expert testimony.
The Louisiana Supreme Court noted in a 2018 decision that Daubert does not require an expert to provide a “quantitative assessment to prove causation,” and the lower court “failed to recognize the plaintiffs could meet their burden of proving causation through either a quantitative or a qualitative assessment of fipronil exposure.” In this case, the experts performed a qualitative assessment and determined that exposure to fipronil caused the plaintiffs injuries.
Finally, the Court held that any conflicts among the experts’ testimony should be considered as a credibility determination, which did not affect whether the experts’ opinions were admissible or not. The court stated, a party’s expert can use either a qualitative or quantitative methodology to meet the burden of proving causation, as both are acceptable under Daubert.
Waiting to see how this direction is used by the lower courts.
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New Orleans, LA