No. 25-919

Union Carbide Corporation, et al. v. Lee Ann Sommerville

Lower Court: Fourth Circuit
Docketed: 2026-02-04
Status: Pending
Type: Paid
Experienced Counsel
Tags: admissibility burden-of-proof evidentiary-standard expert-witness federal-rules-of-evidence judicial-circuit-split
Key Terms:
Environmental Patent Privacy JusticiabilityDoctri ClassAction
Latest Conference: N/A
Question Presented (from Petition)

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.

Question Presented (AI Summary)

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, 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

Docket Entries

2026-02-17
Motion to extend the time to file a response is granted and the time is extended to and including April 6, 2026.
2026-02-17
Amicus brief of Washington Legal Foundation submitted.
2026-02-16
Motion of Lee Ann Sommerville for an extension of time submitted.
2026-02-16
Motion to extend the time to file a response from March 6, 2026 to April 6, 2026, submitted to The Clerk.
2026-02-02
Petition for a writ of certiorari filed. (Response due March 6, 2026)

Attorneys

Lee Ann Sommerville
Joshua Michael AutryMorgan & Morgan, Respondent
Stephen Bradley EdwardsMorgan & Morgan, Respondent
Union Carbide Corporation & Covestro LLC
Donald B. Verrilli Jr.Munger, Tolles & Olson LLP, Petitioner
Washington Legal Foundation
Cory L. AndrewsWashington Legal Foundation, Amicus