Forum
U.S. Supreme Court
Case Status
Pending
Docket Number
Lower Court Opinion
Questions Presented
Whether, under Federal Rule of Evidence 702, challenges to the factual basis of an expert witness’s testimony always go to the weight of the evidence rather than to admissibility, as the First and Fourth Circuits hold, or whether such challenges go to weight only if a court first finds it more likely than not that an expert has a sufficient basis to support the testimony, as the Fifth, Sixth, Eighth, Ninth, and Federal Circuits hold.
Case Updates
U.S. Chamber files coalition amicus brief urging Supreme Court to grant review and enforce 2023 amendments to Federal Rule of Evidence 702 clarifying that each of the rule’s requirements for the admission of expert testimony must be satisfied by a preponderance of the evidence and thus cannot be punted to juries as merely a question of evidentiary weight
March 06, 2026
U.S. Chamber Coalition Amicus Brief
Matthew P. Hooker and William W. Metcalf of Alston & Bird LLP served as outside counsel.
The Chamber previously filed two coalition amicus briefs when this case was before the Fourth Circuit.