A court's decision to certify a class often constitutes the end of the litigation because of the increased settlement pressure faced by defendants. Apparently recognizing that trend, federal courts have applied increasingly rigorous standards of proof at the class certification stage.
Practice Tip: The Scope of Daubert in Product Liability Class Actions
If district courts must rule conclusively whether expert testimony will be admissible at trial before making a Rule 23 determination, parties may have to engage in considerable discovery before class certifications can be made.
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Elizabeth A. Latif And James H. RotondoThis premium content is locked for LawJournalNewsletters subscribers only
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