Practice Tip: The Scope of Daubert in Product Liability Class Actions

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. The Supreme Court has granted certiorari in Comcast Corp. v. Behrend on the following question: “Whether 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 class is susceptible to awarding damages on a class-wide basis?”