LCJ amicus brief, petition for rehearing, Rutledge v. Walgreen Co., 2nd Circuit

LCJ’s amicus brief in Rutledge v. Walgreen Co., authored by Raffi Melkonian, Wright Close Barger & Guzman, LLP, urges the U.S. Court of Appeals for the Second Circuit to grant the petition for rehearing to correct a Circuit panel decision interpreting amended FRE 702’s expert evidence admissibility requirements. The brief argues that the 2023 amendment to Rule 702 clarifies that trial courts must vigorously exercise their gatekeeping function. The Second Circuit panel’s decision that a disagreement in the scientific community is a matter for jury consideration cannot be reconciled with the requirements of amended Rule 702. Click here to read the brief.