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Exploring the Broader Application of the Delaware Court's 'Daubert' Decision
Part One of a Two-Part Series
Companies that made and sold automotive friction materials (brakes and clutches) have invoked Daubert (or Frey) in attempts to preclude plaintiffs' evidence that the asbestos, once used in such products, contributes to causing disease. See Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579, 113 S.Ct. 2786 (1993). These defendants rely upon what they characterize as undisputed epidemiological evidence, purportedly showing that there is no significant increased risk associated with exposure to friction products. Their position is that such epidemiology is conclusive and that, without contrary epidemiology showing an increased risk, plaintiffs' causation evidence cannot pass muster under Daubert.
The Delaware Superior Court recently held otherwise in In Re Asbestos Litigation, 2006 WL 1231123 (Del. Super. Ct., May 9, 2006). Specifically, the court, per the Honorable Joseph Slights, III, found that 'plaintiffs' medical and scientific evidence that exposure to friction products increases the risk of contracting an asbestos-related disease [was] sufficiently reliable to pass through the Daubert filter.' Asb. Litig., *1.
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