Open Access. Powered by Scholars. Published by Universities.®
- Publication
- Publication Type
Articles 1 - 2 of 2
Full-Text Articles in Law
Evidence: Taylor V. State--Oklahoma Abandons The Frye Test And Forces Its State Court Judges To Enter The Twilight Zone, Paige Queen
Oklahoma Law Review
No abstract provided.
Substance And Form In Scientific Evidence: What Daubert Didn't Do, Samuel R. Gross
Substance And Form In Scientific Evidence: What Daubert Didn't Do, Samuel R. Gross
Book Chapters
On its face, Daubert v. Merrell Dow Pharmaceuticals was about as easy a case as the Supreme Court gets. The plaintiff claimed that their birth defect were caused by the anti-nausea drug Bendectin, which their mothers had used during their gestation. In response to a motion for summary judgment by the defendant, the plaintiff presented affidavits of eight expert witnesses who offered their opinion - based on a variety of studies- that Bendectin was indeed the culprit. The federal district court that heard the motion granted summary judgment to the defendant, and the Ninth Circuit affirmed. Both lower court held …