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November 16, 2021 Joseph D. Hammond Emily M. Melvin
Posted in  Class Action Basics

Swinging Blades, Tripwires, and Zombies, inter alia: the Adventurer’s Guide to Hidden Hazards in Class-Action Defense

Class-action litigation is rife with obvious hazards such as potentially huge exposure and unique procedural rules.  Class actions are also riddled with hidden traps:  lesser-known rules and evolving doctrines that can trip up the unsuspecting attorney.  We point out some traps so that you can leap over, run around, and/or […]

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July 23, 2021 Matthew B. Gibbons
Posted in  Daubert and Admissibility at Class Certification

The State of the Circuit Split on the Applicability of Daubert at Class Certification

In Prantil v. Arkema, the Fifth Circuit joined three other Circuits in holding that scientific evidence offered in relation to certification of a class must meet the Daubert standard of reliability.[1]  While the court became the fourth federal Court of Appeals to endorse such an approach, a circuit split on […]

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