News & Analysis as of

Expert Testimony Dukes v Wal-Mart

Kilpatrick

Eighth Circuit concludes that admissibility at class certification is a “red-herring”

Kilpatrick on

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

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

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

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

King & Spalding

Recent Supreme Court Rulings on Class Actions

King & Spalding on

The Supreme Court continued to focus on class action litigation during this term, handing down a number of significant rulings relating to jurisdiction, class certification, and arbitration of putative class claims. The many...more

Hinshaw & Culbertson LLP

Supreme Court Directs Trial Courts To Look At The Merits In Determining Whether To Certify A Class

Comcast v Behrend is the latest in a series of United States Supreme Court cases in recent years that have restricted the ability of plaintiffs to certify federal class actions. In so doing, it has expanded the scope of the...more

BakerHostetler

Common and Predominating Damages: Comcast Opinion Extends Wal-Mart v. Dukes' Standards for Class Certification but Leaves the...

BakerHostetler on

On March 27, 2013, the U.S. Supreme Court decided Comcast Corp. v. Behrend, Case No. 11-864, which provides a valuable tool for the defense in combatting class certification in antitrust cases and other types of class...more

Ballard Spahr LLP

Supreme Court Requires Proof at Certification Stage that Damages Can Be Measured on Class-Wide Basis

Ballard Spahr LLP on

In a 5-4 decision, the Supreme Court decided earlier this week that putative class plaintiffs could not bring a class action antitrust lawsuit unless they could show that their damages could be measured on a class-wide basis....more

Dechert LLP

Cables Sliced on Class Action in Comcast Corp. v. Behrend

Dechert LLP on

Key Points - - Comcast Corp. v. Behrend clarifies that the Court's 2011 decision in Wal-Mart v. Dukes, which requires an inquiry into the merits to the extent necessary to resolve Rule 23 issues, extends to antitrust...more

BakerHostetler

Comcast v. Behrend: Supreme Court Tightens Certification Requirements, But Leaves Standard For Expert Evidence Uncertain

BakerHostetler on

On March 27, 2013, the U.S. Supreme Court decided Comcast Corp. v. Behrend, Case No. 11-864, which tightened class certification requirements in two respects. First, Behrend requires plaintiffs to show a method by which...more

Fisher Phillips

Supreme Court Raises The Bar For Class Actions

Fisher Phillips on

Today the U.S. Supreme Court rendered a pivotal decision, holding that as a prerequisite for certification of a class action, a plaintiff must introduce admissible evidence to show that the case is susceptible to awarding...more

Nexsen Pruet, PLLC

Defending Commercial Class Actions: Recent Cases May be Giving the Defense an Edge

Nexsen Pruet, PLLC on

While the ripples from the United States Supreme Court’s 2011 decision in Wal-Mart v. Dukes are still being felt, the Court may make further class action waves this term with its pending decision in Comcast v. Behrend. This...more

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