Robinson Bradshaw

Author: Emma Kutteh

Deep Dive into Dueling Experts Leads to Denial of Class Certification in Multidistrict Litigation

A leading feature of the Supreme Court’s decision in Wal-Mart Stores, Inc. v. Dukes is the “rigorous scrutiny” the trial court must apply to determine whether the evidence plaintiffs offer to support class certification meets the requirements of Rule 23. Following the Supreme Court’s decisions in Wal-Mart and Comcast, “[i]t is now indisputably the role […]

Does Tyson’s “No Reasonable Juror” Standard Relieve Courts of the Obligation Rigorously To Analyze Expert Statistical Models at Class Certification?

In order to have a class certified, the plaintiffs have the burden of proving to the satisfaction of the court, “after a rigorous analysis,” that they comply with Rule 23—that is, that “there are in fact sufficiently numerous parties, common questions of law or fact, etc.”  Wal-Mart Stores, Inc. v. Dukes, 564 U.S. 338, 350-51 […]