Price Waterhouse Coopers recently published an interesting study entitled Daubert challenges to financial experts, a yearly study of trends and outcomes, 2000–2015 (click the link to download a copy).
The study includes citations to recent opinions on the subject, along with practical insights from attorneys, including yours truly. It concludes with a variety of useful statistics on the outcomes of Daubert challenges to financial experts, including the types of cases in which the change is made, the types of experts excluded, the jurisdictions in which exclusion rates are higher or lower, and the reasons for exclusion, among other things. The study includes information on Daubert challenges in the class certification context that will no doubt prove useful in dealing with other types of experts as well as financial experts. Be sure to check it out!
Is a New Rule on Issue Certification a Good Idea?
Posted in Articles, class action reform, rule 23, tagged ABA, cads, class action, class certification, commentary, issue certification, issue class, proposal, rule 23, rule 23 subcommittee, rule 23(c)(4) on June 5, 2015 | Leave a Comment »
Along with my colleague, Jacqueline Matthews, I recently authored a commentary on the possible changes to the rule on issue classes, Rule 23(c)(4), Federal Rules of Civil Procedure, that were proposed recently in a report issued by the Rule 23 Subcommittee. Our commentary was among several articles on the Subcommittee’s proposals published by the ABA Section of Litigation’s Class Actions and Derivative Suits Committee (CADS), all of which I strongly recommend. Please visit the link below to see our article, and if you aren’t already a CADS member, you should strongly consider becoming one.
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