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Class Action Countermeasures Discussions of the Strategic Considerations Involved In Class Action Defense

Tag Archives: materiality

At Argument, Supreme Court Struggles with Fact-Finding

Posted in Certification

On Monday, the Supreme Court heard arguments in two different class actions, united by a common problem. The first, Comcast Corp. v. Behrend, asked whether a trial court should hold plaintiffs to the Daubert standard for expert testimony at class certification, a question that has divided federal circuits for several years. Due in part to… Continue Reading