November 05, 2020 Articles

Maryland’s Highest Court Issues Landmark Decision Adopting Daubert Admissibility Standard

Over 80 percent of states now apply some version of the Daubert test for determining whether to admit expert testimony. Maryland’s adoption has pushed Frye to the brink.

By Joshua F. Kahn and Daniel L. Adamson

Maryland’s highest court ended its most recent term with a stunning finale. In Rochkind v. Stevenson (Stevenson II), 2020 WL 5085877 (Md. Aug. 28, 2020), Judge Getty, writing for a 4–3 majority, ditched Maryland’s Frye-Reed standard governing the admissibility of expert testimony in favor of Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), and its progeny. 

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