July 20, 2015 Articles

Expert Scrutiny at the Class Certification Stage

Ensure your experts can withstand a Daubert challenge

by Melissa Colón-Bosolet and Kate Englander

The class certification motion is the defining moment of a class action lawsuit. The outcome can have a drastic effect on the value of a lawsuit and can transform a commercial dispute into a bet-the-company case. As a result, the parties devote substantial resources to marshal the strongest evidence possible during the class certification stage. Often, that evidence includes expert testimony. Indeed, plaintiffs increasingly rely on expert testimony to demonstrate that liability and damages are susceptible to class-wide proof, thereby warranting adjudication of the lawsuit as a class under Federal Rule of Civil Procedure 23 (Rule 23).

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