Class action plaintiffs often submit expert testimony in support of class certification motions, raising the question of how defendants should respond—particularly when the plaintiff’s evidence is unreliable or otherwise deficient.
Federal courts have long applied, to varying degrees, the admissibility standards set forth in Daubert v. Merrell Dow Pharmaceuticals, 509 U.S. 570 (1993), to expert evidence submitted in connection with class certification proceedings. Daubert requires the trial court to scrutinize the reliability and relevance of expert testimony, ensuring that the evidence meets basic thresholds before it is admitted.
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