LCJ Amicus Brief in Williams v. Sig Sauer, US Court of Appeals for the Fourth Circuit

FRE 702 was amended to correct erroneous practices in which courts applied an improper burden of proof or failed to consider all of the admissibility prerequisites. LCJ’s amicus brief in Williams v. Sig Sauer urges the Fourth Circuit Court of Appeals to remedy “festering confusion among the district courts” on Rule 702 admissibility issues resulting from its recent Sommerville and Mountain Valley Pipeline decisions. In those decisions, the Fourth Circuit reversed district court exclusions of expert opinions, citing an obsolete case quote that “questions regarding the factual underpinnings of the expert witness’ opinion affect the weight and credibility of the witness’ assessment, not its admissibility.” This interpretation of Rule 702 is problematic and needs clarification, for reasons outlined in the brief.

LCJ’s brief is prepared by Lee Mickus, a partner with Evans Fears Schuttert McNulty Mickus. Mr. Mickus is a widely recognized expert on Rule 702 issues and is the co-chair of LCJ’s Expert Evidence Committee. Click here to read the brief.