Hollingsworth LLP and Atlantic Legal Foundation Urge 2nd Circuit to Affirm Exclusion of Unreliable Experts in Tylenol® Autism/ADHD Litigation
news | September 18, 2026
Hollingsworth LLP continues to stand at the forefront of complex product liability defense, closely monitoring critical legal developments concerning the application of amended Federal Rule of Evidence 702. Firm partners Eric G. Lasker and Shannon N. Proctor submitted an amicus brief with the Atlantic Legal Foundation in support of Tylenol® maker Kenvue’s petition for rehearing urging the full U.S. Court of Appeals for the Second Circuit to affirm the lower court’s sound exercise of its gatekeeping authority. The case is Rutledge v. Walgreen Co., 182 F.4th 168 (2d Cir. 2026).
The underlying litigation involves high-stakes multidistrict litigation where plaintiffs allege that prenatal exposure to acetaminophen (the active ingredient in Tylenol®) causes autism spectrum disorder and attention-deficit/hyperactivity disorder. U.S. District Judge Denise Cote previously acted with analytical rigor by excluding plaintiffs’ expert testimony, finding that the experts’ methodologies lacked scientific reliability. A panel of the Second Circuit reversed and, in doing so, misapplied amended Rule 702 and repeatedly cited to out-of-court scientific inquiry as a proxy for in-court reliability.
Hollingsworth LLP remains dedicated to emphasizing the crucial role federal courts play in screening out speculative science and ensuring that junk science does not reach a jury.
Read the Atlantic Legal Foundation news release.