Daubert Motions in Class Certification Proceedings

Strategies for Plaintiffs and Defendants Using or Challenging Expert Testimony at the Certification Stage

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

Conducted on Tuesday, June 21, 2011

Recorded event now available

or call 1-800-926-7926
Program Materials

This CLE webinar will brief class action attorneys on the relevant rules of evidence during the class certification hearing, discuss the applicability of Daubert to expert witnesses at the certification stage, and offer strategies for plaintiffs and defendants to manage Daubert concerns during certification.


Plaintiffs and defendants routinely present expert testimony at the class certification hearing. Although courts traditionally have not applied Daubert standards at the class certification stage, courts are becoming more likely to do so.

While there is a trend of using Daubert motions to defeat class certification, courts have divergent approaches for evaluating class certification experts. The Supreme Court has not addressed whether district courts must subject expert testimony to Daubert’s standards during class certification.

In anticipation of a Daubert hearing at the certification stage, class action practitioners should retain and consult with experts early in the litigation process and address issues during pre-class certification discovery with that hearing in mind.

Listen as our authoritative panel of class action attorneys discusses the intersection of Daubert and Rule 23 class certification, and provides best practices for plaintiffs and defendants to use and defend Daubert motions at the class certification stage.



  1. Intersection of Daubert and Rule 23 class certification—legal developments
    1. Historical views of circuit courts
    2. Recent trends—"rigorous analysis" of expert testimony under Rule 23
  2. Using Daubert motions to defeat class certification—defense strategies
  3. Defending Daubert challenges at class certification stage—plaintiff strategies


The panel will review these and other key questions:

  • What are the applicable rules of evidence during class certification and how does Daubert apply?
  • What types of cases are particularly suited to Daubert challenges to class certification?
  • Under what circumstances might counsel decide against filing a Daubert motion at the class certification stage?

Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.


John Randall Whaley
John Randall Whaley

Neblett Beard & Arsenault

His practice focuses on class actions, complex litigation, consumer protection, wrongful death, and serious personal...  |  Read More

Jennifer Quinn-Barabanov
Jennifer Quinn-Barabanov

Steptoe & Johnson

She is a member of the firm’s Litigation and Technology Departments and concentrates her practice on mass torts,...  |  Read More

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