Bloomberg Law Publishes Akin Gump Article on Admitting Evidence for Class Certification
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Bloomberg Law has published the article “INSIGHT: The Ninth Circuit’s Inadvertent Case For Imposing Daubert at Class Certification,” written by Neal Marder and Andrew Jick, partner and counsel, respectively, in the litigation practice at Akin Gump, and Geoffrey Derrick, associate in the labor and employment practice.
The article explores the ruling by the U.S. Court of Appeals for the 9th Circuit in Sali v. Corona Regional Medical Center that a plaintiff’s evidence for class certification need not be admissible. The authors examine how this decision affects whether a district court must ensure that all expert testimony at the class certification stage satisfies Daubert.
Daubert v. Merrell Dow Pharm., Inc. was the 1993 Supreme Court decision that determined the standard for admitting expert testimony in federal courts. Marder, Jick and Derrick observe that “some courts are reluctant to perform a full Daubert analysis at the class certification stage.”
To read the full article, please click here.
