Litigation
Sep. 4, 2010
Put Up Your Dukes!
Expert opinions have become an increasingly common weapon in the battle over class certification, especially in federal courts, by Stephen Smerek and Mark Smith of Winston & Strawn.
Expert opinions have become an increasingly common weapon in the battle over class certification. This evolution is particularly evident in the federal courts, where decisions citing persuasive expert testimony have spawned ever increasing and creative reliance on expert opinions. The increasing use of expert testimony at the class certification stage raises numerous critical issues regarding the "rigorous analysis&qu...
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