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In 1993, the U.S. Supreme Court made two significant rulings in Daubert v. Merrell Dow Pharmaceuticals Inc. , 509 U.S. 579 (1993). First, the enactment of the Federal Rules of Evidence had superseded the tradition. Frye had been the prevailing view at common law. However, there was no language in the text of the Rules, which could reasonably be interpreted as codifying the general acceptance test. As a case law rule, Frye did not survive the passage of the Federal Rules.
September 12, 2005 at 12:00 AM
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The original version of this story was published on National Law Journal
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