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Daubert Applies during Class Certification says the 7th Circuit

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).