Has the Frye standard run its course, and is science doomed in state court?

For the Defense

By Donald P. Eckler

Donald “Pat” Eckler is a partner at Freeman, Mathis, & Gary LLP, focusing on professional liability defense, insurance coverage litigation, and general tort defense. He is the legislative chair of Illinois Defense Counsel. Eckler also is the co-host of the Podium and Panel podcast with Daniel Cotter. His views are his own and not those of his firm or its clients.

Posted October 26, 2022 3:30 PM

Two arguments this past week before the Illinois Appellate Court dealt with the Frye standard for admissibility of expert testimony. While these cases may result in admission of the testimony despite its apparent unreliability, the cases only further illustrate the fallibility of a standard that should be abandoned, as articulated in this space on Dec. 8, 2021.In Molitor v. BNSF Railway Company, No. 1-21-1486, the Illinois Appellate Court, 1st District, heard oral argument in a Federal Employers’ Liability Act case arising …

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