ADVERTISEMENT



Google       
Call (866) 635-2689 for a free Personal Injury evaluation by attorney in your area.

Home -> Law Blog Directory -> Personal Injury Law Blogs -> A Georgia Lawyer

OR PHONE (866) 635-1838 for Bankruptcy Help, (866) 635-6190 for Divorce,
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense

Find a Local Lawyer

Bankruptcy (866) 635-1838
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402

Bookmark

Personal Injury Law

: A Georgia Lawyer

Daubert Applies during Class Certification says the 7th Circuit

ADVERTISEMENTS
The Seventh Circuit has held that "when an expert's report or testimony is critical to class certification, a district court must conclusively rule on any challenge to the expert's qualifications or submissions prior to ruling on a class certification motion.

The district court must perform a full Daubert analysis before certifying the class is the situation warrants." (Opinion at p. 6). From the decision:

We hold that when an expert?s report or testimony is
critical to class certification, as it is here, see Allen, 264
F.R.D. at 420 (?Mr. Ezra?s wobble decay standard . . . forms
the basis of Plaintiffs? theory of defect.?), 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)

Find the case here: caselaw.lp.findlaw.com/data2/circs/7th/098051p.pdf

Full post as published by A Georgia Lawyer on April 24, 2010 (boomark / email).

Bloggers, promote your law blog by nominating your blog for inclusion in USLaw.com's Law Blog Directory and RSS Reader. Benefits described.
Related Law Articles

Lawsuits and Settlements

Related Searches

























































































































US Law
#1 Online Legal Resource













Your Blog Subscriptions
Subscribe to blogs

10,000+ Law Job Listings
Lawyer . Police . Paralegal . Etc
Earn a law-related degree
Are you the author of this blog? Adding USLaw.com to your Blogroll increases relevance. You qualify to display a USLaw Network badge.
Suggest changes to this blog's description or nominate another for inclusion. Register for updates.


Practice Area
Zip Code:

Contact a Lawyer Now!






0.0209 secs (new cache)