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

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

Conducted on Thursday, February 16, 2017

Recorded event now available

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Program Materials

This CLE webinar will prepare class counsel with defense strategies to evaluate and determine whether and when to raise a Daubert motion to prevent certification, and plaintiff strategies to defeat or obviate Daubert challenges pre-certification. The panel will examine the latest and varying court rulings on the appropriate level of scrutiny of expert testimony at the class certification stage.


Since the landmark Wal-Mart Stores Inc. v. Dukes ruling, Daubert motions challenging expert opinions offered in connection with motions for class certification have increased. The Comcast Corp. v. Behrend ruling did not resolve the circuit split over the appropriate standard of scrutiny. The federal circuit courts remain divided as to whether full-blown Daubert scrutiny or something less rigorous applies at the class certification stage.

Absent clear guidance, plaintiff and defense counsel must rely on the various circuit court decisions most favorable to their positions in bringing or defending pre-certification Daubert challenges. 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 or withstand a Daubert challenge at the class certification stage.

Listen as our authoritative panel of class litigators offers practical approaches for plaintiff and defense counsel for determining whether to file a Daubert motion and effective tactics for preparing experts for the class certification hearing. The panel will analyze the latest federal court decisions on Daubert challenges at the certification stage.



  1. Latest court developments regarding standard of Daubert review at the certification stage
  2. Bringing and defending Daubert motions
  3. Preparing expert witnesses for the certification hearing


The panel will review these and other key 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 plaintiff and defense counsel to defend against or bring pre-certification Daubert motions?
  • How can counsel develop expert testimony to support or withstand a Daubert challenge during the class certification stage?


Tate J. Kunkle, Esq.
Tate J. Kunkle, Esq.

Marc J. Bern & Partners

Mr. Kunkle focuses his practice on environmental litigation, toxic torts and mass torts. He has helped recover over $50...  |  Read More

Jennifer Quinn-Barabanov
Jennifer Quinn-Barabanov

Steptoe & Johnson

Ms. Quinn-Barabanov concentrates her practice on class actions, mass torts, toxic torts, product liability...  |  Read More

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