Tumlinson v. Advanced Micro Devices, Inc.

STEELE, Chief Justice:

In this action, a group of Texas plaintiffs allege that a corporation exposed two employees to chemicals that caused two of the employees’ children to suffer from birth defects. On appeal, the plaintiffs challenge a Superior Court judge’s application of Texas substantive law and the resulting exclusion of expert testimony. Under Delaware law, which incorporates the United States Supreme Court’s holding in Daubert v. Merrell Dow Pharmaceuticals, Inc.,1 admissible expert testimony must be both relevant and reliable. The Superior Court judge excluded the expert testimony as…