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Expert Analysis

New Insights On Applying Daubert At Class Certification

By William DeVinney (April 9, 2019, 1:05 PM EDT) -- In almost every putative class action, expert testimony plays a critical role at the class certification stage. But the U.S. Supreme Court has given scant guidance about whether expert testimony must satisfy the Daubert requirements to be considered under Rule 23 of the Federal Rules of Civil Procedure's certification requirements. In Wal-Mart Stores Inc. v. Dukes, the Supreme Court suggested, but declined to expressly hold, that Daubert applied at the class certification stage.[1]...

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