If Expert Evidence Is Critical to Class Certification, Court Must Perform Full Daubert Analysis Before Ruling on Certification
From Am. Honda Motor Co. v. Allen, 600 F.3d 813 (7th Cir. 2010):
We hold that when an expert's report or testimony is critical to class certification, as it is here, ... a district court must conclusively rule on any challenge to the expert's qualifications or submissions prior to ruling on a class certification motion. That is, the district court must perform a full Daubert analysis before certifying the class if the situation warrants. If the challenge is to an individual's qualifications, a court must make that determination "by comparing the area in which the witness has superior knowledge, skill, experience, or education with the subject matter of the witness's testimony." Carroll v. Otis Elevator Co., 896 F.2d 210, 212 (7th Cir. 1990). The court must also resolve any challenge to the reliability of information provided by an expert if that information is relevant to establishing any of the Rule 23 requirements for class certification.
Share this article: