Expert Evidence at Class Certification and the Role of Daubert

Class certification can make or break a putative class action, and expert evidence often plays a critical role in securing, or losing, a class-certification bid. In an article published in Mass Torts Litigation, Joe Winebrenner, associate for Faegre Baker Daniels’ product liability defense team, discussed how the Daubert standard applies to expert evidence offered at the class-certification stage—a topic that is not exactly cut-and-dried.

“Most courts—including the Supreme Court—have recognized the important role that Daubert plays in the assessment of expert evidence in class-certification proceedings,” Winebrenner wrote. “Yet, some circuit courts have butted heads over the extent to which Daubert must be applied. … Given the frequent use, and challenge, of expert evidence at the class-certification stage, it is likely this issue will continue to receive attention at the circuit court level, unless and until it is finally resolved by the Supreme Court.”