U.S. Supreme Court

Case Status


Docket Number


Cert. Denied


Questions Presented

Whether Federal Rule of Evidence 702 requires a court, and not the jury, to decide whether expert testimony is “based on sufficient facts or data” and “reliably applie[s] . . . principles and methods to the facts of the case,” and to set aside a jury verdict that rests on expert testimony that fails to meet these fundamental requirements.

Case Updates

Cert. petition denied

June 09, 2014

U.S. Chamber urges Supreme Court to review expert evidence standard

April 22, 2014

The U.S. Chamber and the Business Roundtable in their brief urged the U.S. Supreme Court to take this case to address the broad, troubling trend of courts abdicating their gatekeeping duties under Rule 702 of the Federal Rules of Civil Procedure, as well as U.S. Supreme Court precedents, such as Daubert v. Merrell Dow Pharmaceuticals, Inc. The brief explains that too often, courts are admitting unreliable expert testimony, reasoning that a jury can muddle through it with the aid of competing expert evidence and cross-examination. The courts’ failure to adhere to their obligations to keep junk science out of court by excluding unreliable “expert” evidence has resulted in significant verdicts and coercive settlements.

Jonathan D. Hacker and Kathryn E. Tarbert of O'Melveny & Myers LLP represented the U.S. Chamber as co-counsel to the National Chamber Litigation Center.

Case Documents