Putting Teeth Into Falcon

Law360, New York (October 28, 2011, 2:03 PM ET) -- Now that several months have passed since the U.S. Supreme Court’s much-anticipated decision in Wal-Mart v. Dukes[1], it appears that the court has added another hurdle for class counsel to clear in order to win a certification motion — that expert testimony must meet the reliability standard announced in Daubert v. Merril Dow Pharm. Inc.[2]

The Changing Landscape of the Certification Hearing

In the past decade, the Supreme Court has articulated certification standards under Rule 23 that have changed the certification landscape dramatically. Class counsel can...
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