Daubert Motions in Class Certification: Using or Challenging Expert Testimony Amid Divergent Court Standards

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

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Conducted on Thursday, December 1, 2022

Recorded event now available

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Course Materials

This CLE course will prepare class counsel with defense strategies to evaluate and determine whether and when to raise a Daubert motion to prevent certification and how to prevail on such a motion. The panel will examine the latest and varying court rulings on the appropriate level of scrutiny of expert testimony at the class certification stage and how the analysis will be affected by the amendments to Federal Rule of Evidence 702.

Description

The Supreme Court has yet to weigh in on the appropriate standard of judicial scrutiny of Daubert motions filed in connection with motions for class certification. The federal circuit courts remain divided on whether full-blown Daubert scrutiny or something less rigorous applies at the class certification stage.

Absent Supreme Court guidance, practitioners defending against bids to certify class actions must navigate the contours of circuit and district court case law. Class action litigators must make strategic decisions as to whether and when to mount pre-certification Daubert challenges, as well as how to develop expert testimony to support Daubert challenges at the class certification stage.

Listen as our authoritative panel offers practical approaches for defense counsel to determine whether to file a Daubert motion and effective tactics for eliciting the kind of testimony necessary for prevailing with such a motion. The panel will analyze the latest federal court decisions on Daubert challenges at the certification stage.

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Outline

  1. Latest court developments regarding the standard of Daubert review at the certification stage
  2. Bringing Daubert motions
  3. Eliciting necessary expert testimony for use in Daubert motions

Benefits

The panel will review these and other critical issues:

  • What role do Daubert and expert testimony play at the class certification stage?
  • What is the current state of the law on the appropriate standard of scrutiny?
  • How does discovery set the stage for a successful or unsuccessful pre-certification Daubert challenge?
  • When is a Daubert challenge not an appropriate tactic?
  • What are best practices for defense counsel to bring pre-certification Daubert motions?
  • How can counsel develop expert testimony to support a Daubert challenge during the class certification stage?

Faculty

Schwartz, Jordan
Jordan M. Schwartz
Counsel
Skadden Arps Slate Meagher & Flom

Mr. Schwartz represents clients in purported class actions, multidistrict litigation and mass tort proceedings in...  |  Read More

Wyatt, Geoffrey
Geoffrey M. Wyatt
Partner
Skadden Arps Slate Meagher & Flom

Mr. Wyatt represents clients in mass tort and other aggregate litigation. He defends companies as part of a team that...  |  Read More

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