En Banc Ninth Circuit Demands That Courts Serve As Gatekeepers For Expert Testimony — Will That Rule Be Extended to Class Actions?

more+
less-

In the battle over class certification, expert testimony proffered by both plaintiffs and defendants is playing an increasingly important role. The Supreme Court has not yet decided whether the test for admissibility of expert testimony announced in Daubert v. Merrell Dow Pharmaceuticals applies at the class-certification stage, although it has certainly dropped hints to that effect, including in Wal-Mart Stores, Inc. v. Dukes. In our view, it’s only a matter of time before the Supreme Court expressly holds that Daubert applies to expert testimony offered in support of or opposition to class certification.

Accordingly, defendants should pay careful attention to Daubert’s standards—both in bolstering their own experts and in attacking the experts put forward by plaintiffs. The wisdom of doing so was recently underscored by the Ninth Circuit’s sharply-divided en banc decision in Estate of Barabin v. AstenJohnson, Inc. (pdf). As my colleagues Evan Tager and C.J. Summers explain in a recent alert, Barabin “significantly strengthened and expanded the gatekeeper role of both trial and appellate courts in determining whether to admit expert testimony.” Their discussion of Barabin is well worth reading for all class-action practitioners.


DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Mayer Brown - Class Defense Blog | Attorney Advertising

Written by:

more+
less-

Mayer Brown - Class Defense Blog on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
×
Loading...
×
×