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Class Action › Daubert Standards › Dukes v Wal-Mart

A class action is a type of legal action where a representative individual or group of individuals can bring a claim on behalf of a larger group or class who share a common legal interest.
Kilpatrick

Eighth Circuit concludes that admissibility at class certification is a “red-herring”

Kilpatrick on

In Cody v. City of St. Louis, 103 F.4th 523 (8th Cir. 2024), the Eight Circuit maintained its position that admissibility standards do not apply strictly at the class certification stage, thereby solidifying a circuit split...more

Faegre Drinker Biddle & Reath LLP

Exclusion of Damages Expert at Class Certification Stage Results in Partial Denial of Certification Motion

Faegre Drinker Biddle & Reath LLP on

Just a decade ago, it was still an open question whether parties could challenge the admissibility of expert testimony in class certification proceedings. The United States Supreme Court recognized the issue in Wal-Mart...more

BakerHostetler

Do Daubert Standards Apply at the Certification Stage? Ninth Circuit Splits With Itself

BakerHostetler on

It is fitting that the day after Halloween the Ninth Circuit issued its denial of rehearing en banc in Sali v. Corona Regional Medical Center, Case No. 15-56460, because the issue it raises, like Michael Myers in the...more

BakerHostetler

Experts Must Satisfy Daubert Standards at Certification Stage

BakerHostetler on

D.C. District Court Follows Dukes Admonition - Nearly seven years ago, in Wal-Mart Stores, Inc. v. Dukes, 564 U.S. 338 (2011), the Supreme Court addressed, at least in significant respect, the question of whether experts must...more

BakerHostetler

Ninth Circuit Finds Evidence at Class Certification Not Required to Be Admissible - The Last Word on the Issue?

BakerHostetler on

In a 28-page opinion, a panel of the Ninth Circuit overturned a district court’s denial of class certification, in part, because the lower court required supporting evidence to be admissible. This decision certainly...more

Sherman & Howard L.L.C.

Class Averaging

Sherman & Howard L.L.C. on

The Supreme Court ruled today that Plaintiffs’ use of average donning and doffing times was proper and sufficient to affirm a $5.8 million judgment against Tyson Foods. Tyson Foods, Inc. v. Bouaphakeo, No. 14-1146 (Mar. 22,...more

Robinson+Cole Class Actions Insider

Insights from DRI Class Action Seminar 2015 – Part 1

Robinson+Cole Class Actions Insider on

As I’ve done in past years, this post and the next one will summarize some takeaways I gleaned from this year’s DRI Class Action Seminar. Impact of Dart Cherokee: Nowell Berreth, who argued this case in the Supreme...more

BakerHostetler

Comcast v. Behrend: Supreme Court Tightens Certification Requirements, But Leaves Standard For Expert Evidence Uncertain

BakerHostetler on

On March 27, 2013, the U.S. Supreme Court decided Comcast Corp. v. Behrend, Case No. 11-864, which tightened class certification requirements in two respects. First, Behrend requires plaintiffs to show a method by which...more

Fisher Phillips

Supreme Court Raises The Bar For Class Actions

Fisher Phillips on

Today the U.S. Supreme Court rendered a pivotal decision, holding that as a prerequisite for certification of a class action, a plaintiff must introduce admissible evidence to show that the case is susceptible to awarding...more

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