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Class Certification and Amended FRE 702: Using or Challenging Expert Testimony Amid Divergent Court Standards

A live 90-minute CLE video webinar with interactive Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Tuesday, January 28, 2025

1:00pm-2:30pm EST, 10:00am-11:30am PST

Early Registration Discount Deadline, Friday, January 3, 2025

or call 1-800-926-7926
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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.

Description

The Supreme Court has yet to articulate the proper standard of review governing the admissibility of expert evidence for purposes of class certification. Accordingly, practitioners defending against motions to certify class actions must navigate the contours of circuit and district court caselaw on this question. Class action litigators must make strategic decisions as to whether and when to mount pre-certification Rule 702 challenges, as well as how to develop expert testimony to support these challenges at the class certification stage. Moreover, practitioners must also consider what (if any) impact the recent amendments to Rule 702 have on this decision-making process.

Listen as our authoritative panel offers practical approaches for defense counsel to determine whether to file a Rule 702 motion and effective tactics for eliciting the kind of testimony necessary for prevailing with such a motion. The panel will analyze the latest federal court decisions on Rule 702 challenges at the certification stage.

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Outline

  1. Latest court developments regarding the standard of Daubert review at the certification stage
  2. Bringing FRE 702 motions
  3. 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

Martin, Zachary
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

Schwartz, Jordan
Jordan M. Schwartz
Counsel
Skadden Arps Slate Meagher & Flom

Mr. Schwartz represents clients in purported class actions, multidistrict litigation and mass tort proceedings in...  |  Read More

Wyatt, Geoffrey
Geoffrey M. Wyatt
Partner
Skadden Arps Slate Meagher & Flom

Mr. Wyatt represents clients in mass tort and other aggregate litigation. He defends companies as part of a team that...  |  Read More

Attend on January 28

Early Discount (through 01/03/25)

Cannot Attend January 28?

Early Discount (through 01/03/25)

You may pre-order a recording to listen at your convenience. Recordings are available 48 hours after the webinar. Strafford will process CLE credit for one person on each recording. All formats include course handouts.

To find out which recorded format will provide the best CLE option, select your state:

CLE On-Demand Video