Tag Archives: expert testimony

Abrams, Commins and Foix Publish “‘Rigorous Analysis’: Recent Developments in Antitrust Class Action Litigation in the United States” in 2013 Antitrust Review of the Americas

By Paul Karlsgodt on November 7, 2012 Posted in Antitrust

The 2013 Antitrust Review of the Americas features an article by Baker Hostetler Antitrust Group Chair Robert G. Abrams, Partner Gregory J. Commins Jr. and Counsel Danyll W. Foix. “‘Rigorous Analysis’: Recent Developments in Antitrust Class Action Litigation in the United States” examines recent developments in antitrust class action case law over the past two years … Continue Reading

The Stakes are High as Supreme Court Considers Evidentiary Standards for Expert Testimony on Class Certification

By Paul Karlsgodt on August 28, 2012 Posted in Class Certification, Expert Testimony

The Supreme Court is set to hear oral argument in the case of Comcast v. Behrend this November. The Court’s decision in that case should further refine the Court’s guidance in Wal-Mart Stores, Inc. v. Dukes about the proper standards for federal courts in reviewing motions for class certification. Recently, a team of appellate and … Continue Reading

Recent Louisiana Jurisprudence

By Brett Wall on July 12, 2012 Posted in Class Certification, Expert Testimony, Louisiana, Predominance, State Class Action Law

Contributing Author: Amanda Karp The Supreme Court of Louisiana recently struck down the trial and appellate courts’ class certification in Alexander v. Norfolk Southern Corp., 82 So.3d 1234 (La. 2012) for a lack of predominance of common issues. The case highlights the critical importance of procuring expert testimony on predominance issues at the class certification … Continue Reading

Interview With Professor Mary Kay Kane (Part II)

By Matthew J. Moody on May 15, 2012 Posted in Class Action Trends, Class Certification

Editor’s note: This post is the second in a series of posts from the Class Action Lawsuit Defense Blog’s interview with Mary Kay Kane, former Dean and Chancellor and current Emeritus Professor of Law at the University of California’s Hastings College of the Law. Professor Kane is the author of the Nutshell on Civil Procedure, … Continue Reading

Trial By Formula, Statistical Sampling, and the Right to Due Process

By Paul Karlsgodt on April 6, 2012 Posted in Class Certification, Expert Testimony

A common temptation in class action litigation is to fashion procedures based on “rough justice” to avoid overburdening the courts or attempting to redress alleged mass harm. Over the past decade, as storage and computing power have increased exponentially, it has become increasingly tempting to use statistical sampling as a proxy for the actual adjudication of … Continue Reading

Supreme Court’s Wal-Mart Decision Holds Title VII Class Not Certifiable for Lack of Commonality and Rejects Rule 23(b)(2) Certification

By Matthew J. Moody on January 21, 2012 Posted in Rule 23 Requirements

In Wal-Mart Stores, Inc. v. Dukes, 564 U.S. __, 131 S.Ct. 2541, 180 L.Ed.2d 374 (2011), the Supreme Court held that a Title VII discrimination claim could not be determined on a casewide basis where employment decisions were made locally with no corporate direction. The Court also determined that claims for backpay could not certified … Continue Reading