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Miller v. National Bulk Carriers3/10/2000
expert witnesses, who testified that exposure to benzene can cause myeloma. The trial court apparently concluded that their testimony would not satisfy the standard of Frye v. United States, 293 F. 1013 (D.C. Cir. 1923). The trial court improperly focused, however, on the conclusions of those experts, rather than on the methodology on which those conclusions were based. In that respect, Frye is essentially a nonissue. As to Chevron, the summary judgment should be reversed and the case remanded. As to the disposition of Miller's claims against Chevron, therefore, I respectfully dissent.
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