Pa. Supreme Court Considers the Trial Court's 'Gatekeeper' Role Under 'Frye'
Although the Supreme Court declined to specifically endorse the trial court's gatekeeper role, its opinion assures that the trial court's role in assessing the admissibility of expert testimony still exists under Pennsylvania's Frye analysis.
August 13, 2020 at 01:27 PM
6 minute read
On July 21, the Pennsylvania Supreme Court issued an anticipated decision in Walsh v. BASF, in which it considered the trial court's role as the "gatekeeper" for expert testimony, tackling again the state's application of the Frye test—as opposed to the Daubert test most frequently applied in federal courts and a majority of state courts. Although the Supreme Court declined to specifically endorse the trial court's gatekeeper role, its opinion assures that the trial court's role in assessing the admissibility of expert testimony still exists under Pennsylvania's Frye analysis.
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