How Rigorous is “Rigorous:” A Growing Trend in Favor of Applying Daubert at the Class Certification Stage
In re Hydrogen Peroxide Antitrust Litigation brought about a revolution in class certification proceedings. Courts within the Third Circuit -- and elsewhere -- no longer permit a mere “threshold showing” that class certification is appropriate. Instead, they now engage in a “rigorous analysis” of the evidence, even if this requires inquiry into the merits. This article examines the recent trend in expert testimony analysis as well as the practical implications of this trend.