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9 Nov 2012, 11:18 am by Wystan M. Ackerman
Justice Kennedy suggested that perhaps the Daubert standard should apply differently where the judge is the finder of fact (as is the case at class certification, and would be at trial in Behrend). [read post]
25 Jul 2012, 9:08 am by Steven G. Pearl
Behrend (Case No. 11-864), the Supreme Court of the United States will decide the following issue: 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 case is susceptible to awarding damages on a class-wide basis. [read post]
10 Apr 2013, 9:38 am by Steven G. Pearl
Behrend, ___ U.S. ___ (3/27/13), a 5-4 majority of the United States Supreme Court reversed a district court order granting class certification in an antitrust action. [read post]