MOTOROLA INC. v. MICHAEL PATRICK MURRAY

Concurring opinion by Associate Judge EASTERLY at page 759.

*752Fisher, Associate Judge:

For decades this court has used the Dyas/Frye test1 to govern the admissibility of expert testimony. We now are sitting en banc to consider whether we should abandon that test in favor of the standards embodied in Rule 702 of the Federal Rules of Evidence. For the reasons explained below, we adopt Rule 702.2

I. The Factual and Procedural Background

The plaintiffs in these thirteen cases have sued numerous cell phone manufacturers, service providers, and trade associations, alleging that long-term exposure to…