Daubert Doesn't Affect Removal Rates, Study Says
According to a 1/1/05 story by Elizabeth Amon in the "Bartalk" section of the American Lawyer entitled "The Daubert Debate: Part Umpteen," a new study suggests that the difference between the standards for admissibility of expert evidence under Daubert and Frye is not affecting the overall rate at which defense counsel are removing cases to federal court.
The study reportedly investigated removal rates in sixteen states that have unambiguously adopted either Daubert or Frye, and for which comprehensive data were available going back to 1993, the year Daubert was decided. About half of those states follow Daubert; the others, Frye. The authors -- Prof. Edward Cheng, of Brooklyn Law School, and Prof. Albert Yoon, of Northwestern University School of Law -- conclude that the frequency with defendants remove cases to federal court is not significantly different in Daubert and Frye jurisdictions. The study is slated for April publication in the Virginia Law Review.
Update 1/4/05: Our original post had the study being published in the Brooklyn Law Review. We have corrected the error, and are mortified to have confused Brooklyn with Virginia.
The study reportedly investigated removal rates in sixteen states that have unambiguously adopted either Daubert or Frye, and for which comprehensive data were available going back to 1993, the year Daubert was decided. About half of those states follow Daubert; the others, Frye. The authors -- Prof. Edward Cheng, of Brooklyn Law School, and Prof. Albert Yoon, of Northwestern University School of Law -- conclude that the frequency with defendants remove cases to federal court is not significantly different in Daubert and Frye jurisdictions. The study is slated for April publication in the Virginia Law Review.
Update 1/4/05: Our original post had the study being published in the Brooklyn Law Review. We have corrected the error, and are mortified to have confused Brooklyn with Virginia.
1 Comments:
I was woefully underimpressed by the Cheng/Yoon data supporting the posited conclusion. There's too much noise in the raw data they're using to make any judgments one way or the other.
-- TF
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