On October 15, 2018, the Florida Supreme Court jettisoned the Daubert standard, the most reliable standard for admitting expert evidence, in favor of the outdated Frye test. The decision was a setback for WLF, which asked the Florida Supreme Court to retain Daubert as the superior evidentiary standard for Florida courts. Although the Florida Legislature adopted the Daubert standard by statute in 2013, the court, in a 4-3 decision, declared that statute “procedural” and therefore unconstitutional. The case arose from a negligence suit alleging that the plaintiff’s exposure over many years to asbestos products manufactured by multiple defendants caused the plaintiff’s mesothelioma. As WLF explained in its brief, the Frye test examines only the methodology used by an expert witness, but Daubert goes further by requiring judges to also look at the expert’s application of that methodology. Daubert is also superior, WLF’s brief explained, because it requires judges to examine the reliability of all expert evidence, not just evidence derived from “new or novel” methodologies.