Certification-Stage Expert Testimony and Amended FRE 702: Defense Strategies on When and How to Attack Admissibility
Recording of a 90-minute CLE video webinar with Q&A
This CLE course will offer class counsel defense strategies to evaluate and determine whether and when to attack the admissibility of expert testimony, offered at the certification stage, under recently amended Federal Rule 702 and best options for prevailing. The panel will review how the circuits currently line up on the issues of admissibility, the appropriate level of scrutiny to be applied to expert evidence at the class certification stage, and the impact on these issues that the amendments to Federal Rule of Evidence 702 have had.
Outline
- Latest court developments regarding the standard of Daubert review at the certification stage
- Bringing FRE 702 motions
- Eliciting necessary expert testimony for use in FRE 702 motions
Benefits
The panel will review these and other critical issues:
- What is the current state of the law on the appropriate standard of scrutiny for expert testimony used in connection with class certification motions?
- Have the recent amendments to Rule 702 caused courts to take a more rigorous review of expert evidence at the class certification stage, and, if so, how?
- How does discovery set the stage for a successful or unsuccessful pre-certification FRE 702 challenge?
- How can counsel develop expert testimony to support an FRE 702 challenge during the class certification stage?
Faculty
Zachary W. Martin
Associate
Skadden, Arps, Slate, Meagher & Flom
Mr. Martin is an Associate at Skadden, Arps, Slate, Meagher & Flom specializing in Mass Torts, Insurance... | Read More
Mr. Martin is an Associate at Skadden, Arps, Slate, Meagher & Flom specializing in Mass Torts, Insurance and Consumer Litigation.
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Jordan M. Schwartz
Partner
Kirkland & Ellis
Mr. Schwartz is a litigation partner in the Washington, D.C., office of Kirkland & Ellis LLP. He represents... | Read More
Mr. Schwartz is a litigation partner in the Washington, D.C., office of Kirkland & Ellis LLP. He represents clients in purported class actions, multidistrict litigation and mass tort proceedings in federal and state courts. Mr. Schwartz has successfully represented an array of product manufacturers at both the trial and appellate levels. His briefings have resulted in the dismissal of multiple product liability and consumer fraud actions on the pleadings, at summary judgment and at the class certification stage. Mr. Schwartz also has successfully defended pharmaceutical companies in litigation commenced by state attorneys general alleging violations of consumer protection laws. In addition to representing companies in proceedings involving pharmaceutical and consumer products, he has represented the United States Chamber Institute for Legal Reform and the Product Liability Advisory Council, drafting amicus briefs on their behalf in cases affecting American businesses and product manufacturers. In September 2021, Mr. Schwartz provided expert testimony on behalf of the United States Chamber Institute for Legal Reform before the Ohio Senate Judiciary Committee regarding third-party litigation funding. He also has authored articles and white papers pertaining to various litigation reform measures, including proposals related to multidistrict litigation, class actions and third-party litigation funding. Mr. Schwartz has written extensively on developments in the law governing personal jurisdiction and other aspects of civil procedure.
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Geoffrey M. Wyatt, P.C.
Partner
Kirkland & Ellis
Mr. Wyatt is a litigation partner in the Washington, D.C., office of Kirkland & Ellis LLP. He represents... | Read More
Mr. Wyatt is a litigation partner in the Washington, D.C., office of Kirkland & Ellis LLP. He represents clients in product liability, class action, and False Claims Act litigation, with extensive experience at both the trial and appellate levels. Mr. Wyatt defends companies as part of a team that focuses on global litigation strategy, trial, and law and motions practice in complex proceedings in federal and state courts. He has represented an array of companies in proceedings involving medical, industrial and consumer products. Mr. Wyatt's experience spans a range of different cases. He has extensive litigation experience in state and federal courts, including courts of appeals and the United States Supreme Court. He has been successful in securing appellate victories in several cases for his clients, including at the interlocutory stage, often establishing new precedents that bear favorably on related cases in ongoing proceedings. Mr. Wyatt also has extensive experience handling expert motion issues. He has developed strategies for defeating highly complex but speculative and unscientific theories and disrupting mass proceedings. Mr. Wyatt also has worked with defense experts to develop reports and prepare for depositions in order to implement those strategies, taking a lead role in motion practice concerning the admissibility of expert testimony. He publishes frequently on matters relevant to his practice, including on issues relating to multidistrict litigation and class action procedure, among other things. Mr. Wyatt has been named as a leading lawyer in Chambers USA since 2021. In 2013, he received the Burton Award for Legal Achievement, which recognizes excellence in legal scholarship.
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