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 Tuesday, June 5, 2018

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 hinder 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.

Description

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.

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Outline

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

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 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?

Faculty

Leon, Jeffrey
Jeffrey A. Leon

Partner
Quantum Legal

Mr. Leon pursues class action lawsuits on behalf of aggrieved consumers and businesses. He has served as co-lead...  |  Read More

Wyatt, Geoffrey
Geoffrey M. Wyatt

Counsel
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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