Albright Quoted in Chicago Lawyer Magazine Article on Frye and Daubert Standards
Partner Andrew J. Albright was recently quoted in a Chicago Lawyer Magazine article, "Standards and Practices." The article highlights the difference between the Frye and Daubert standards and whether Illinois state courts should adopt the federal Daubert standard for admissibility of expert testimony.
As the Frye standard celebrates its 100th anniversary, it continues to be a point of contention for defense practitioners in Illinois. Albright addresses his concerns and the challenges with the Frye standard and breaks down why Daubert provides a better framework for ensuring only reliable expert testimony is presented to juries.
“The Supreme Court in Daubert … elevated the trial court’s status in ensuring that the jury only gets to see real science and junk science won’t be allowed in,” he said.
Albright emphasized that Frye was decided nearly a century ago, before many modern scientific disciplines were even recognized. Illinois is one of only a handful of remaining states that follow Frye, which – in Albright's view – does not allow for nuanced evaluation of scientific evidence, as compared to Daubert.
Andrew J. Albright is a partner at Swanson, Martin & Bell, LLP. Most of his work is concentrated on the defense of civil litigation, with a focus on high-exposure claims of catastrophic personal injury, wrongful death, and property loss. He represents physicians, attorneys, manufacturers, engineers, construction/design firms, and transportation companies at all stages of litigation, including through trial and appeal. Learn more about Andrew and his practice here.
