Class Certification Standards and Daubert Analysis in Flux

Obtaining or Defeating Certification in Light of Circuit Courts' Differing Standards

Dukes v. Wal-Mart sets new standard for 9th Circuit — at odds with 7th Circuit's new Am. Honda Motor case

Recording of a 90-minute CLE webinar with Q&A

Conducted on Thursday, July 8, 2010

Recorded event now available

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Program Materials

This CLE webinar will provide practitioners with a thorough review of the differing standards that courts apply to class certification motions, the scrutiny courts will give to expert testimony in support of certification, and the impact of the Dukes v. Wal-Mart ruling on Rule 23 class certification standards.


The Ninth Circuit’s ruling in Dukes v. Wal-Mart has resulted in the largest class action ever certified. The court’s ruling further deepens an already wide circuit split on the Rule 23(b)(2) requirements of cohesiveness of class and predominance of injunctive relief.

The Dukes ruling diverges from the growing trend requiring expert testimony at the class certification stage to satisfy Daubert requirements. The Dukes analysis is also quite different than the Seventh Circuit's ruling in Am. Honda Motor decided just weeks earlier.

Dukes may lead to more class actions seeking money damages under Rule 23(b)(2) which does not require a showing that the class action is superior or that common questions predominate. In any event, this case is certain to lead to further battles over the scope of class certification law.

Listen as our authoritative panel of attorneys explains the different standards of review for class certification, the impact of the Dukes and Am. Honda cases, and strategies for obtaining and defeating class certification.



  1. Trends and developments in Rule 23 certification standards
    1. Divergent circuit court standards
    2. Impact of Dukes v. Wal-Mart
    3. Obtaining class certification — plaintiff strategies
    4. Challenging class certification — defense strategies
  2. Intersection of Daubert and class certification
    1. Divergent circuit court standards
    2. Impact of Dukes v. Wal-Mart
    3. Using Daubert motions to defeat certification — defense strategies
    4. Defending Daubert challenges at class certification stage — plaintiff strategies


The panel will review these and other key questions:

  • How are the federal courts currently responding to class certification motions?
  • What are the applicable standards for review of expert testimony in class certification proceedings?
  • Is the Dukes case a game changer for plaintiffs or can defendants use it to their advantage?
  • Will the Dukes case result in more class actions seeking monetary damages but invoking Rule 23(b)(2)?


Matthew Shors
Matthew Shors

O'Melveny & Myers

He focuses his practice on the defense of class actions, mass torts, and other aggregate proceedings, both at trial...  |  Read More

Todd L. Nunn
Todd L. Nunn

K&L Gates

His practice emphasizes electronic discovery and document production and class action defense. His class action...  |  Read More

Steven G. Pearl
Steven G. Pearl

The Pearl Law Firm

He is an attorney and mediator in Los Angeles, focusing on wage and hour class action litigation and mediation. He is a...  |  Read More

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