News & Analysis as of

Expert Witness Class Action

Troutman Pepper

EDVA Judge Allows Pension Investment Expert to Testify in Class Action ERISA Case

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A recent decision by Senior District Judge Robert Payne on a Daubert motion in class action litigation against a pension fund offers some helpful lessons on challenging expert witnesses in the EDVA. Trauernicht v. Genworth...more

Holland & Knight LLP

What Is "Natural?"

Holland & Knight LLP on

When it comes to consumer class action litigation, what type of evidence is required to show that labeling nutrition bars as "all natural" violates false advertising and consumer protection laws? According to the plaintiffs...more

Carlton Fields

Rough Waters in the Expert “Hot Tub” - Court Throws Class Expert Overboard in Google Play Store Litigation

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One notable opportunity associated with antitrust class action practice is the expert “hot tub,” which generally speaking is an in-court, on-the-record “debate” between dueling economists, with the court, parties, and experts...more

Polsinelli

10 Steps to Better Managing Mass Tort Litigation

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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

White & Case LLP

Sharma v Minister for the Environment: A setback for climate change claimants as landmark decision is overturned on appeal

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In a setback for climate change claimants, on 15 March 2022 a three-judge panel of the Full Federal Court of Australia overturned the earlier decision of the Federal Court of Australia in Sharma v Minister for the...more

Proskauer - California Employment Law

Ninth Circuit Affirms $54.6 Million Verdict In Favor of Wal-Mart Truckers

In this class action, truckers for Wal-Mart alleged they should have been but were not paid for layovers, rest breaks and inspections. The district court determined and the Ninth Circuit affirmed that the time drivers spent...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

Spilman Thomas & Battle, PLLC

Product Lines - Toxic Torts and Products Liability Insights: Issue 2, 2019

Welcome to the second 2019 issue of Product Lines – our quarterly e-newsletter that focuses on toxic torts and products liability issues. For this edition, we are reporting on several important and timely legal issues. As...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

Kilpatrick

Ninth Circuit deepens Circuit split by holding inadmissible evidence can be considered in resolving class certification

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Takeaway: The Ninth Circuit recently ruled that inadmissible evidence may be considered in ruling on a motion for class certification. But does inadmissible evidence really qualify as evidence? Notwithstanding the evidentiary...more

Foley & Lardner LLP

Seventh Circuit Underscores Important Role for Pre-Certification Challenges to Expert Witnesses

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In order to certify a class action, it is the plaintiff’s burden to prove that all of the requirements of Rule 23 of the Federal Rules of Civil Procedure are satisfied. In some class actions, plaintiffs cannot proceed without...more

Bennett Jones LLP

Shoot to Kill: Expert Bias is an Issue of Admissibility

Bennett Jones LLP on

Class Action Case Update: Justice Perell's recent decision in Wise v Abbott Laboratories, Limited, 2016 ONSC 7275 addressed a number of key areas of interest for the class action bar. ...more

Proskauer - Corporate Defense and Disputes

Second Circuit Affirms Exclusion of Certain Foreign Purchasers and Purchases from Securities Class Action

The U.S. Court of Appeals for the Second Circuit issued a lengthy opinion today in the long-running In re Vivendi, S.A. Securities Litigation, affirming the jury’s verdict on liability and addressing issues about loss...more

Sheppard Mullin Richter & Hampton LLP

U.S. Supreme Court’s Tyson Foods v. Bouaphakeo Opinion Reaffirms The Importance Of Challenging Plaintiff’s Experts In Class...

On March 22, 2016, the United States Supreme Court decided Tyson Foods, Inc. v. Bouaphakeo, et al., No. 14-1146, a class action under Rule 23 of the Federal Rule of Civil Procedure (“Rule 23”) and a collective action under...more

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - October 2015

SEC Adopts CEO Pay Ratio Rule - The U.S. Securities and Exchange Commission (SEC) recently adopted a final rule requiring public companies to disclose the ratio of annual pay of their chief executive to median annual pay...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Can a Prevailing Plaintiff Recover Expert Fees? The Second Circuit Says “No”

The Second Circuit Court of Appeals recently ruled that expert witness fees are not recoverable under the Fair Labor Standards Act (FLSA). In Gortat v. Capala Brothers, Inc., No. 14-3304-cv (July 29, 2015), the Second Circuit...more

Seyfarth Shaw LLP

No Fees For You: Second Circuit Holds Expert Fees Are Not Recoverable Under FLSA

Seyfarth Shaw LLP on

Expert witness fees are not recoverable under the FLSA. So held the Second Circuit in a decision that highlights a strategy we have previously discussed for employers to fend off class/collective actions....more

Foley & Lardner LLP

[Webinar] Food & Beverage Class Action Advertising and Labeling Lawsuits - August 5, 12:00-1:00 Central

Foley & Lardner LLP on

Foley invites you to join us on Wednesday, August 5, 2015, to discuss recent class action litigation trends in food and beverage labeling and advertising. The presentation will review recent legal developments and...more

McDermott Will & Emery

Court Declines To Certify Damages Class in Baseball Blackout Suit

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On May 14, 2015, the Southern District of New York issued two opinions in Laumann v. Nat’l Hockey League, No. 12-cv-1817, excluding plaintiffs’ damages expert under Daubert and denying plaintiffs’ motion to certify a damages...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

Skadden, Arps, Slate, Meagher & Flom LLP

Inside The Courts - September 2014 | Volume 6 | Issue 3

In This Issue: - CLASS CERTIFICATION: ..Goodman v. Genworth Fin. Wealth Mgmt. Inc., No. 09-CV-5603, 2014 WL 1452048 (JFB) (GRB) (E.D.N.Y. Apr. 15, 2014) - DEMAND FUTILITY: ..Rosenbloom v. Pyott,...more

Sherman & Howard L.L.C.

Power To The People (Mark), Redux

Sherman & Howard L.L.C. on

A federal appeals court recently upheld a $750,000 award to an employer for the attorneys’ fees and expert witness fees it expended defending a frivolous class action brought by the EEOC. EEOC v. Peoplemark, Inc. The EEOC...more

Cozen O'Connor

S.D.N.Y. Disqualifies Securities Class Action Plaintiffs’ Expert and Denies Class Certification

Cozen O'Connor on

Recently, in IBEW Local 90 Pension Fund v. Deutsche Bank AG, No. 11-cv-4209, 2013 U.S. Dist. LEXIS 155136 (S.D.N.Y. Oct. 29, 2013), District Judge Katherine Forrest declined to certify a class of securities plaintiffs and...more

Skadden, Arps, Slate, Meagher & Flom LLP

Inside The Courts - March 2013 | Volume 5 | Issue 1

In This Issue: *U.S. SUPREME COURT - Class Certificaton - Amgen Inc. v. Conn. Ret. Plans and Trust Funds, No. 11 1085 (U.S. Feb. 27, 2013) - Statutes of Limitations - Gabelli v. Sec. & Exch. Comm’n, No....more

Ballard Spahr LLP

Federal Court Precludes Defendant’s Class Certification Expert

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In a rare and cautionary opinion, the U.S. District Court for the District of New Jersey has precluded the testimony and report of an expert proffered by a defendant in opposition to certification in a consumer product class...more

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