JENNIFER HARRIS v. FEDEX CORPORATE SERVICES, INC. - 5/3/23

LCJ Spotlights Rule 702 Gatekeeper Role 

LCJ’s amicus brief in Harris v. FedEx Corporate Services pinpoints the errors of district courts in applying FRE 702 by explaining the pending rule change. LCJ argues in the U.S. Fifth Circuit Court of Appeals that the district court’s failure to serve as the gatekeeper on admissibility of expert evidence is reversible error and is inconsistent with the reasons behind the anticipated amendment to Rule 702. 

In Harris, the district court failed to analyze the reliability factors as required by Rule 702, instead describing the gatekeeping function as a “jury call.” The brief explains the upcoming Rule 702 amendment and spells out why the principles that underpin that amendment are applicable even before the amendment takes effect on December 1, 2023.  Raffi Melkonian, with Barger, Close & Barger LLP, filed the brief for LCJ on May 3, 2023.