Use of Daubert at Class Certification Stage

This article was also contributed by Lisa Bourque

Below is a link to a featured article we recently published in Bloomberg Law Reports on the use of Daubert to challenge expert testimony at the class certification stage.  It is our view that District Courts should apply Daubert in assessing the admissibility of expert testimony even at the class certification stage.  The growing trend appears to support that view, although some courts disagree.  Daubert: An Arrow in the Class Certification Opposition Quiver.

Readers may also be interested in another recent article published by three of our colleagues in the New York Law Journal concerning expert evidence.  Courts Must Resolve “Battle of the Experts” Before Class Certification.