News & Analysis as of

Class Action Class Certification 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

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

King & Spalding

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

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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

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

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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

Payne & Fears

Key California Employment Law Cases: December 2018

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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

Bennett Jones LLP

Court Refuses to Certify Canadian Price-Fixing Case

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For many years, it was next to impossible to certify a price-fixing class action in Canada. Today, certification is so common that refusals to certify are the rare exception. Ewert v Nippon Yusen Kabushiki Kaisha, 2017 BCSC...more

Kilpatrick

Using Expert Testimony To Establish Class-Wide Damages For Partial Refund Or Reimbursement Claims

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Takeaway: Following the U.S. Supreme Court’s decision in Comcast Corp. v. Behrend, 133 S. Ct. 1426 (2013), class action defendants frequently have argued damages cannot be established on a class-wide basis. Conversely,...more

Carlton Fields

Noodle This! The Yin and Yang of Two Courts, Two Antitrust Cases, Two Class Certification Motions, Two Daubert Challenges, Two...

Carlton Fields on

Noodle this: Two significant orders on class certification in antitrust matters issued last week. Both were heavily influenced by the threshold determination of Daubert challenges to the plaintiffs’ expert evidence. In one...more

Robinson & Cole LLP

Use of Expert Testimony at Class Certification Stage Addressed By Third Circuit

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The Third Circuit recently joined the Seventh, Eighth, and Ninth Circuits in holding that, where a Daubert challenge is made to the use of expert testimony in support of class certification, the Daubert challenge must be...more

McDermott Will & Emery

Third Circuit Remands Class Certification Ruling in Blood Reagents Price-Fixing Case

McDermott Will & Emery on

On Wednesday, April 8, 2015, the Third Circuit Court of Appeals vacated a district court’s order certifying a class of direct purchasers of blood reagents in a price-fixing suit against Ortho-Clinical Diagnostics Inc. In re...more

Carlton Fields

Correlation Is Not Causation: Class Certification Denied Because Experts’ Methodologies Fail To Show Predominate Antitrust Injury...

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A California federal district court denied certification of two nationwide classes, each asserting a price-fixing conspiracy for optical disk drives (“ODD”), because the plaintiffs’ experts failed to provide a viable...more

Morrison & Foerster LLP - Social Media

Algarin v. Maybelline: Survey Evidence of Purchaser Behavior Defeats Class Certification

A recent decision by a California federal judge highlights the important role that expert testimony and evidence can play in defeating a bid for class certification. On May 12, 2014, Judge Anthony Battaglia of the Southern...more

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