A recent article in the National Law Journal "Opposing Class Certification With A One-Two Punch: A Daubert Motion Plus A Brief Opposing Certification May Work" ( April 20, 2009) makes several important points for expert witnesses to be aware of.
The authors, Hanselman and Diver, recommend that counsel opposing class certification routinely file a Daubert motion as a method to defeat class certification.
Experts who do get involved in class action litigation should expect and anticipate that their opinions will undergo a "rigorous analysis" and a "searching inquiry".
When a novel or complex theory is proposed by the expert a Daubert challenge is all but guaranteed.
Conclusion
Expert witnesses need to be aware of the level of scrutiny and the likely Daubert challenge they face when accepting assignments in class action litigation.
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