Cell Phones, Brain Cancer, and Scientific Outliers in Murray v. Motorola

Citation data:

Product Safety & Liability Reporter, Vol: 43, Page: 1418

Publication Year:
2015
Usage 899
Abstract Views 664
Downloads 235
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SSRN
Repository URL:
https://elibrary.law.psu.edu/fac_works/295
SSRN Id:
2705577
Author(s):
Kaye, David H.
Tags:
cell phones; frye; daubert; cancer; Evidence; Science and Technology Law; scientific evidence; Frye; Daubert; general acceptance; epidemiology; toxicology; Federal Rule of Evidence 702
article description
Pending before the District of Columbia's highest court in a case asking whether cell phones can cause cancer is whether to replace the jurisdiction's venerable Frye standard for reviewing the admissibility of scientific evidence with the approach adopted by the U.S. Supreme Court in Daubert v. Merrell Dow. The author analyzes one aspect of the two evidentiary standards that leads him to question the trial judge's suggestion in Murray v. Motorola that adopting the Daubert perspective would allow greater leeway in excluding the plaintiff's evidence.