News & Analysis as of

Class Action Expert Testimony

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”

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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

Harris Beach PLLC

National Mass Torts: 2023 Year in Review

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Sixth Circuit Rejects Overly Ambitious PFAS Class Action - Hardwick v. 3M Co. (In re E.I. du Pont de Nemours), No. 22-3765, 87 F.4th 315 (6th Cir. Nov. 27, 2023) - The United States Court of Appeals for the Sixth Circuit...more

Polsinelli

10 Steps to Better Managing Mass Tort Litigation

Polsinelli on

From the now decades old asbestos litigation to pharmaceuticals and product liability cases to the newly developing PFAS or “forever chemical” lawsuits, mass tort litigation has increasingly become the tool of choice by which...more

DCI Consulting

[Webinar] Expert Summit for Employment Attorneys: Using IO Psychologists as Experts in Litigation - February 23rd, 2:00 pm - 3:00...

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Industrial/Organizational Psychologists (I/O) have provided consulting expert and testifying expert support in class action employment discrimination litigation for decades. These cases address alleged discrimination in a...more

Faegre Drinker Biddle & Reath LLP

Listen Up Class: The Role of Daubert at the Class Certification Stage in the Ninth Circuit

Class certification is the feature fight of any putative class action lawsuit. If granted, it can multiply the stakes of a case several hundred- or thousand-fold. If denied, it can signal the end of the litigation. Because of...more

Kilpatrick

Seven Key Takeaways: Class Certification in the Ninth Circuit – Predominance

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Kilpatrick Townsend partner Jay Bogan, along with three other panel members, recently presented “Class Certification after Olean v. Bumble Bee: Expert Testimony, Uninjured Class Members, and Article III Standing.” This...more

Faegre Drinker Biddle & Reath LLP

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

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

McGuireWoods LLP

Northern District of Ohio Holds Expert Evidence Must Be Admissible to Be Considered at Class Certification

McGuireWoods LLP on

As we touched on last summer, whether a district court may certify a class action without resolving challenges to the admissibility of fact or expert evidence is still an unsettled question. This question is particularly...more

Jenner & Block

Ninth Circuit Rejects Challenges to Conjoint Analysis in Consumer Class Action

Jenner & Block on

In recent years, conjoint analysis has proliferated as a methodology for calculating class-wide damages in consumer class actions. While conjoint analysis first emerged as a marketing tool for measuring consumers’ relative...more

King & Spalding

U.S. District Court Denies Class Certification Motion in Aluminum Rate-Manipulation Case Based on Improper Use of Statistical...

King & Spalding on

On July 23, 2020, Judge Paul A. Englemayer of the U.S. District Court for the Southern District of New York denied a motion to certify a proposed class of direct purchasers of aluminum in a decision that may signal a trend...more

Kilpatrick

Design defect class actions: split Ninth Circuit panel affirms exclusion of common defect expert testimony

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Takeaway: Federal appellate courts review a district court’s rulings on motions for class certification and to exclude expert testimony for an abuse of discretion. The Ninth Circuit’s recent decision in Grodzitsky v....more

King & Spalding

King & Spalding Secures Injunction in English High Court Preventing Expert from Acting in Arbitration

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A business (“the Defendants” or “X”, “Y” or “Z”) that provides expert and litigation support services cannot, simultaneously, act for a party (“the Claimant”) in one arbitration and against the Claimant in a separate...more

Patterson Belknap Webb & Tyler LLP

Update: Flushable Wipes

A few months ago, we wrote about the Second Circuit’s oral argument in the “flushable” hygienic wipes consumer class action cases. And now, the septic saga continues....more

McDermott Will & Emery

[Event] Wage The Battle To Win The War: Expert Challenges At Class Certification - September 24th, Chicago, Illinois

Certifying an antitrust class under Rule 23 has become a battle. In the last 20 years, courts have been changing the game around Rule 23 interpretation, and rigorous analysis at class certification has made briefing...more

Patterson Belknap Webb & Tyler LLP

Proving Retail Sales Figures In Consumer Class Actions: Different Approaches Lead To Very Different Results

To prove damages in a consumer class action, the named plaintiff must show—among other things—how many units of the defendant’s product were purchased by consumers in the relevant state (or states). This is easier said than...more

BakerHostetler

Trial Courts Wrestle with Expert Testimony and Daubert at Class Certification

BakerHostetler on

Expert testimony plays a critical role in nearly all putative class actions, including at the class certification stage where parties rely on expert evidence to address the requirements of Federal Rule of Civil Procedure 23....more

Spilman Thomas & Battle, PLLC

Update on the West Virginia Legislature: Halfway Point - Issue 6

We are now just over halfway through the legislative session. By Friday, February 8, the 31st day of the 60 day regular session of the West Virginia Legislature, the House of Delegates had introduced 944 bills, while the...more

Sheppard Mullin Richter & Hampton LLP

Ninth Circuit Confirms Plaintiffs Are Not Required to Undermine Defendant’s Evidence to Withstand Summary Judgment in False...

The Ninth Circuit’s recent decision in Sonner v. Schwabe N. Am., Inc. et al., resolves a split among district courts evaluating the standard that applies to false labeling claims brought under California’s Unfair Competition...more

Payne & Fears

Key California Employment Law Cases: December 2018

Payne & Fears on

This month’s key employment law cases address meal periods and payment of wages....more

Bradley Arant Boult Cummings LLP

They Don’t Call It the Wild West for Nothing: The Ninth Circuit Reverses Denial of Class Certification Because Trial Court Kept...

The Ninth Circuit’s decision not to grant en banc rehearing in Sali v. Corona Regional Medical Center should all but guarantee that the issue of expert testimony at the class certification stage is heading to the Supreme...more

Womble Bond Dickinson

Class Discovery Nightmare: Court Orders Defendant to Turn Itself Inside Out to Provide Account-Level Data in TCPA Class Action

Womble Bond Dickinson on

Hi everyone! Well, I’m sure you’ve heard the good news from the Czar by now, and we’re all very excited here at TCPAland. Boy what a celebration I had when I found out. I put the kids the bed, had a glass of champs with my...more

Jackson Lewis P.C.

Ninth Circuit Permits Use Of “Inadmissible” Expert Testimony For Class Certification Purposes

Jackson Lewis P.C. on

The U.S. Court of Appeals for the Ninth Circuit just denied a request to review en banc a panel ruling that authorizes trial courts to consider evidence that would be inadmissible at trial when deciding whether a class may be...more

Womble Bond Dickinson

Nothing Common About This Ruling: Court Finds Lack of Even a Threshold Common Issue in TCPA Certification Bid

Womble Bond Dickinson on

Class actions under the Telephone Consumer Protection Act (“TCPA”) are rarely, if ever, certified in the debt collection context outside of highly-unique circumstances. So today’s decision in Frederick Luster v. Green Tree...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

Spilman Thomas & Battle, PLLC

Product Lines - Toxic Torts and Product Liability Insights - Issue 1, 2018

Welcome to our inaugural issue of Product Lines—our e-newsletter focusing on toxic torts and products liability news and issues. As we all know, there are many issues that arise in this complex area of the law every day. We...more

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