The Supreme Court granted certiorari in Comcast Corp. v. Behrend, No. 11-864 (docket) to decide the following question, as reformulated by the Court: “[w]hether a district court may certify a class action without resolving whether the plaintiff class has introduced admissible evidence, including expert testimony, to show that the case is susceptible
Daubert
Comcast Corp. v. Behrend: Supreme Court Grants Certiorari Regarding Evidence Requirements at Class Certification
By Wystan Ackerman on
Posted in Class Certification Standards
Yesterday, the U.S. Supreme Court granted certiorari in Comcast Corp. v. Behrend, No. 11-864 (docket), to address the question of “[w]hether a district court may certify a class action without resolving whether the plaintiff class has introduced admissible evidence, including expert testimony, to show that the case is susceptible to awarding damages…
Daubert at Class Certification, Lack of Injury to Class Members, Fail-Safe Classes and Class Definitions All Addressed in New Seventh Circuit Opinion
By Wystan Ackerman on
Posted in Class Certification Standards
The Seventh Circuit has started 2012 off with a significant class certification opinion. Messner v. Northshore Univ. Healthsystem, No. 10-2514, 2012 U.S. App. LEXIS 731 (7th Cir. Jan. 13, 2012) was an antitrust case alleging that a merger of two hospitals violated federal antitrust laws, but the opinion speaks to several broader issues regarding…
Class Action on Diminution in Value Auto Claims: Recent Denial of Certification Illustrates Application of Wal-Mart v. Dukes to Insurance Class Actions
By Wystan Ackerman on
Posted in Auto Insurance, Class Certification Standards
The recent denial of class certification in Fosmire v. Progressive Max Ins. Co., 2011 U.S. Dist. LEXIS 117366 (W.D. Wash. Oct. 11, 2011) is the second opinion I’ve seen post-Wal-Mart that applies the new standards in detail in an insurance class action. This putative nationwide class action alleged that Progressive improperly failed to…
Does Daubert Apply At Class Certification? Eighth Circuit Tries To Find Middle Ground
By Wystan Ackerman on
Posted in Class Certification Standards
The Eighth Circuit recently weighed in on the debate about whether Daubert motions challenging expert testimony should be decided prior to class certification and whether a “full” Daubert analysis is appropriate. This was a 2-1 decision with thorough opinions and interesting points made by the majority and dissent.
In re Zurn Pex Plumbing Products Liability…