Tag Archives: expert

Common and Predominating Damages: Comcast Opinion Extends Wal-Mart v. Dukes’ Standards for Class Certification but Leaves the Question of Daubert for Another Day

Co-authored by: John B. Lewis, Dustin M. Dow, Patrick T. Lewis, Danyll W. Foix, and Rodger L. Eckelberry Editor’s Note: This Executive Alert was published by members of BakerHostetler’s Securities Litigation and Regulatory Enforcement Team, Employment Team, and BakerHostetler’s Class Action Team. On March 27, 2013, the U.S. Supreme Court decided Comcast Corp. v. Behrend, Case … Continue Reading

Comcast v. Behrend: Supreme Court Tightens Certification Requirements, But Leaves Standard For Expert Evidence Uncertain

By Patrick T. Lewis on March 29, 2013 Posted in Antitrust, Class Certification, Predominance, Rule 23 Requirements

On March 27, 2013, the U.S. Supreme Court decided Comcast Corp. v. Behrend, Case No. 11-864, which tightened class certification requirements in two respects. First, Behrend requires plaintiffs to show a method by which class-wide damages can be commonly calculated in Rule 23(b)(3) antitrust class actions. Second, the decision confirmed that the Court’s “rigorous analysis” … Continue Reading

The Stakes are High as Supreme Court Considers Evidentiary Standards for Expert Testimony on Class Certification

By Paul Karlsgodt on August 28, 2012 Posted in Class Certification, Expert Testimony

The Supreme Court is set to hear oral argument in the case of Comcast v. Behrend this November. The Court’s decision in that case should further refine the Court’s guidance in Wal-Mart Stores, Inc. v. Dukes about the proper standards for federal courts in reviewing motions for class certification. Recently, a team of appellate and … Continue Reading

Recent Louisiana Jurisprudence

By Brett Wall on July 12, 2012 Posted in Class Certification, Expert Testimony, Louisiana, Predominance, State Class Action Law

Contributing Author: Amanda Karp The Supreme Court of Louisiana recently struck down the trial and appellate courts’ class certification in Alexander v. Norfolk Southern Corp., 82 So.3d 1234 (La. 2012) for a lack of predominance of common issues. The case highlights the critical importance of procuring expert testimony on predominance issues at the class certification … Continue Reading

Class Cannot Be Certified in Facebook Advertiser “Click” Litigation Because Alleged Contract Does Not Exist

By Deborah Renner on April 17, 2012 Posted in Class Action Trends, Class Certification, Consumer Fraud, Predominance, Rule 23 Requirements, Superiority

Fraud class actions have become increasingly difficult to certify over the years as courts routinely have held that individualized issues of reliance swamp any common issues. Plaintiffs’ attorneys thus have been keen to attempt to transform fraud claims into breach of contract claims and claims under consumer protection statutes. That approach failed miserably for plaintiffs in In re Facebook, Inc. PPC Advertising … Continue Reading

Daubert Revisited

By Mark Johnson on January 2, 2012 Posted in Expert Testimony, Rule 23 Requirements

After the Supreme Court’s decision in Wal-Mart v. Dukes, 131 S. Ct. 2541 (2011), the application of Daubert at the class certification stage has been one of recent confusion. Although not all circuits have addressed whether a full Daubert analysis is necessary at the class certification stage, the Eighth Circuit announced its approach in In … Continue Reading