Daubert At Class Certification: More Is All There Is
March 22, 2012, 1:40 PM EDT
Law360, New York (March 22, 2012, 1:40 PM EDT) -- In a recent case note on Bruce v. Harley-Davidson Motor Co., No. CV 09-6588, slip op. (C.D. Cal. Jan. 26, 2012), the authors usefully point out the lack of functional difference between full Daubert scrutiny and the “focused” analysis applied in Bruce, and further suggest that the focused approach may be beneficial to defendants by providing “two bites” at the Daubert apple. “Daubert At Class Certification: Is Less More?,” Feb. 16, 2012.
Unfortunately, both the note authors and the district court in Bruce miss the dispositive...