LCJ amicus brief in Thompson v. Ford, U.S. Court of Appeals for the 10th Circuit

The 2023 amendment to Federal Rule of Evidence 702 was designed to clarify for courts that expert evidence may not be admitted unless the proponent demonstrates to the court that that it is more likely than not that the proffered testimony meets the Rule’s admissibility requirements.

The appellant in Ford v. Thompson argues for the admissibility of proffered expert testimony using the very formulation that the amendment to Rule 702 discarded. LCJ urges the U.S. Court of Appeals for the 10th Circuit to reject the appellant’s attempt to circumvent the gatekeeping requirement of Rule 702 and the requirement that the proponent demonstrate the admissibility of the proffered testimony.

LCJ urges the Court of Appeals to uphold the decision of the U.S. District Court for Colorado, which determined that weaknesses in proposed testimony and the failure to document underlying data relied upon, required the exclusion of the witness’ testimony.

LCJ’s brief was prepared by Raffi Melkonian, Wright Close Barger & Guzman, LLP. Raffi has broad experience in both trial and appellate matters nationwide. He has briefed and argued dozens of appeals in federal and state courts of appeals. Raffi also maintains an active practice in the United States Supreme Court, including both merits and amicus briefs.

The brief, filed on August 28, 2026, is available here.