Opinion

Williams v. Hedican

  • 561 N.W.2d 817
  • 1997 Iowa Sup. LEXIS 130
  • 1997 WL 195038
Court
Supreme Court of Iowa
Filed
Apr 23, 1997
Status
Published
Author
Neuman
On the bench
Megiverin, Larson, Lavorato, Neuman, Andreasen
Cited by
37 cases

concluding, in dicta, that the approach taken in Thornton and other federal courts restricting Daubert in favor of a conventional Rule 702 analysis was reasonable

How later courts described this case

  • concluding, in dicta, that the approach taken in Thornton and other federal courts restricting Daubert in favor of a conventional Rule 702 analysis was reasonable
  • explaining that extensive cross-examination better aids the jury in performing its function than exclusion of relevant evidence
  • noting the lack 7 of statistical proof concerning a drug’s effectiveness for treating a condition goes to the weight of an expert’s testimony and not to its admissibility
  • Iowa’s Rule 702, which is exactly the same as N.J.R.E. 702, is a “liberal rule on the admission for expert testimony”

Written by the judges who cited it.

The opinion

NEUMAN, Justice

(concurring).

As the majority readily acknowledges, it was drawn into a Daubert analysis because of the way the parties argued this case in the trial court and on appeal. I concur but write separately to emphasize that the majority’s thorough and scholarly application of Dau-bert should not be misinterpreted as an endorsement of its framework for analysis in future cases. Our own common-law interpretation of Iowa rule of evidence 702 — historically unencumbered by reliance on the federal Frye test — has served us well and will continue to do so.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.