May 26, 2026

DECIDED

Union Carbide v. Sommerville

On May 26, 2026, the Supreme Court declined to review a Fourth Circuit decision that flouted Rule 702’s mandate for judges to ensure expert testimony’s factual reliability. The denial of cert was a setback for WLF, which contended in its amicus brief that the Fourth Circuit’s ruling revives a defunct pre-Daubert view of admissibility, eroding judicial gatekeeping and inviting unfair verdicts built on speculation. WLF’s brief showed how the decision below relied on a string of archaic precedents that are no longer good law.