Daubert v Merrill Dow Pharmaceuticals

produce evidence “generally accepted” by the scientific community that there was a correlation between the use of Bendictin and birth defects. The court of appeals affirmed, applying theFrye standard.

The “general acceptance” standard of Frye is too rigid, and results in the exclusion of valid scientific evidence that is cutting edge

Frye v US

Federal Rules of Evidence

Generally relied on and probative (serving to prove) outweighs prejudicial (detriment)

to regulate the evidence that the jury may use to reach a verdict

Daubert v Dow Pharaceuticals

Scientifically Valid and can reasonably be

applied to the case