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Exploring the Broader Application of the Delaware Court's 'Daubert' Decision

By William A. Kohlburn

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.

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