Legal Opinion · Dissent

Blum v. Merrell Dow Pharmaceuticals, Inc.

Supreme Court of Pennsylvania

Decided December 22, 2000No. 65 E.D. Appeal Dkt. 1991Published

1DissentCastille, Justice

Like Mr. Justice Cappy, I agree with the majority that the Frye1 test should remain the general evidentiary standard for *12admitting expert scientific testimony in this Commonwealth. The test is an appropriate vehicle to prevent “junk science” from improperly influencing the jury on matters not within their common knowledge and experience. However, I disagree with the majority’s summary conclusion that, under the Frye, standard, the trial court here erred in admitting appellants’ expert testimony on causation. After reviewing the extensive record here, I am thoroughly convinced that the trial…

2Cases cited13 opinions

  1. Daubert v. Merrell Dow Pharmaceuticals, Inc.Supreme Court of the United States · 1993
  2. Frye v. United StatesCourt of Appeals for the D.C. Circuit · 1923
  3. Commonwealth v. TopaSupreme Court of Pennsylvania · 1977
  4. Margo Lynch, Ppa Dennis Lynch, Dennis Lynch and Margaret Lynch v. Merrell-National Laboratories, Division of Richardson-Merrell, Inc.Court of Appeals for the First Circuit · 1987
  5. Commonwealth v. BlasioliSupreme Court of Pennsylvania · 1998

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