Wendolyn Tumlinson, Jake Albert Tumlinson, Jillveh Ontiveros and Paris Ontiveros, by Her Natural Mother and Next…

Summary

The court affirmed the application of Delaware procedural law and Texas substantive law because the plaintiffs waived their arguments for applying Delaware or California substantive law. It held that expert testimony must be both relevant and reliable under Delaware law, but remanded for the trial judge to determine reliability before addressing whether Texas substantive sufficiency requirements may inform admissibility. The court retained jurisdiction over the limited remand.