DC considers changing the standard for screening out unreliable science

The DC court currently operates under a Frye standard for expert testimony, which requires that a methodology or theory has “general acceptance” in the particular field. The DC Court of Appeals is considering a new standard, possibly the Daubert standard, which is used in a majority of states as well as federal court. The Daubert standard makes the judge the gatekeeper for making sure that the science is”not only relevant, but reliable.” The case at issue involves plaintiffs who have suffered brain tumors or whose family members have died of brain tumors claiming that cell phones may have contributed to the tumors.




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