Category Archives: Experts – Daubert

Minnesota “Fryes” the Difference Between Novel Scientific Theory and Novel Science

This entry was posted by Lian Skaf on March 25, 2019.

In re 3M Bair Hugger Litig., 2019 Minn. App. LEXIS 11, the Minnesota Court of Appeals analyzed the applicable standard for determining whether or not expert opinion testimony based on a novel scientific theory is admissible. Using the Frye-Mack standard, the court reinforced that if an expert opinion involves a novel scientific theory, the underlying evidence used to formulate that theory must be generally accepted in the relevant scientific community. The court further articulated the standard by confirming that, pursuant to Minn. R. Evid. 702, the Frye-Mack applies to novel scientific theory, not novel science. Once the standard is deemed applicable, the court must find the novel scientific theory to be generally accepted in the scientific community to admit the expert’s testimony. Although 3M does not discuss subrogation matters, its analysis should apply with equal force to opinions offered by experts in subrogation cases. Continue reading →

This entry was posted in Evidence, Experts – Daubert, Minnesota and tagged Experts, Minnesota.

Florida Decides Against Adopting Daubert

This entry was posted by Rahul Gogineni on December 12, 2018.

In Delisle v. Crane Co., 2018 Fla. LEXIS 1883, 43 Fla. L. Weekly S 459, the Supreme Court of Florida reaffirmed that the appropriate test for admissibility of an expert opinion about new or novel scientific evidence is the “Frye” test, not the “Daubert” test. Continue reading →

This entry was posted in Experts – Daubert, Florida and tagged Experts, Florida.

Georgia Court of Appeals Holds Lay Witness Can Provide Opinion Testimony on the Value of a Property If the Witness Had an Opportunity to Form a Reasoned Opinion

This entry was posted by Gus Sara on September 4, 2018.

In Woodrum v. Ga. Farm Bureau Mut. Ins. Co., 815 S.E.2d 650 (Ga. Ct. App. 2018), the Court of Appeals of Georgia considered whether the lower court properly disqualified a contractor as an expert witness and excluded the contractor from offering lay opinion testimony regarding the value of a property. The Court of Appeals held that, while the lower court properly disqualified the contractor as an expert witness, it improperly excluded the general contractor’s lay opinion testimony regarding the value of the property. This case establishes that, in Georgia, a lay witness can provide opinion testimony on the value of a property if the proponent of the testimony demonstrates that the witness had an opportunity to form a reasoned opinion. Continue reading →

This entry was posted in Experts – Daubert, Georgia and tagged Experts, Georgia.