Daubert Motions in Class Certification: Using or Challenging Expert Testimony Amid Divergent Court Standards

Geoffrey M. Wyatt Jordan M. Schwartz

On December 1, 2022, Washington, D.C. mass torts, insurance and consumer litigation partner Geoffrey Wyatt and counsel Jordan Schwartz gave a presentation for Strafford Publications titled “Daubert Motions in Class Certification: Using or Challenging Expert Testimony Amid Divergent Court Standards.” Topics included the role of Daubert and expert testimony at the class certification stage, the current state of the law on the appropriate standard of scrutiny, how discovery sets the stage for a successful or unsuccessful pre-certification Daubert challenge, when a Daubert challenge is not an appropriate tactic, best practices for defense counsel to bring precertification Daubert motions and how counsel develop expert testimony to support a Daubert challenge during the class certification stage.

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