Waging the Merits War at Class Certification: Does Expert Evidence Streamline the Process?

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In this article, we consider how Daubert motions can be used effectively to streamline litigation. We discuss what rigorous analysis means, and survey recent class certification opinions to see how courts are applying that analysis and reacting to Daubert motions at the class certification stage. We conclude with views from the plaintiffs’ and defendants’ sides about how to work within these litigation realities to streamline the time, money, and effort expended in an antitrust class action.