Stricter Analysis Of Expert Testimony At Class Cert.

Law360, New York (August 12, 2010, 12:49 PM EDT) -- Two recent federal appellate court decisions continue the trend of requiring greater scrutiny of expert testimony at the class certification stage. This course is consistent with precedent and recent changes under the Federal Rules of Civil Procedure.

Courts requiring a lesser showing from plaintiffs that the requirements of Rule 23 of the Federal Rules of Civil Procedure are satisfied typically relied on the U.S. Supreme Court’s 1974 decision in Eisen v. Carlisle & Jacquelin, 417 U.S. 156, 177 (1974), in which the court stated that district...
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