Walsh v. BASF Corp.

Case Updates

The Pennsylvania Supreme court issued a 4-3 opinion affirming an intermediate appellate court’s reversal of a defense judgement that was based on exclusion of plaintiff’s experts under Pennsylvania’s Frye test. However, the court remanded to trial court for consideration of renewed Frye arguments. The U.S. Chamber had filed a coalition amicus brief urging the court to reverse the appellate court’s flawed Frye analysis.

The U.S. Chamber and aligned organizations filed an amicus brief urging the Pennsylvania Supreme Court to reverse an appellate court decision that failed to adhere to the courts’ “gatekeeper” function to prevent the admissibility of questionable and confusing “expert” testimony under Pennsylvania’s Frye test and that failed to apply the appropriate deferential standard of reviewing a trial court’s assessment of admissibility.

James M. Beck of Reed Smith LLP served as co-counsel for the amici.