Support Grows For Daubert Test At Class Cert. Stage

Law360, New York (May 5, 2010, 3:48 PM EDT) -- Despite the U.S. Court of Appeals for the Ninth Circuit's failure in Dukes v. Wal-Mart to decide whether a full Daubert analysis is required at the class certification stage of litigation, the minority opinion signaled support for the stricter standard recently adopted in the Seventh Circuit.

In affirming certification of the largest sex discrimination class in U.S. history, the Ninth Circuit majority clarified that courts must perform a rigorous analysis and delve into a case's merits, when needed, at the class certification stage.

The April 26...
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