Tag Archives: daubert

The Interplay Between Federal Rule 56 and Daubert

The Fifth Circuit Court of Appeals’ opinion in Operaciones Tecnicas Marinas, SAS v. Diversified Marine Services, LLC illustrates the interplay between the requirements of Federal Rule of Civil Procedure 56—the summary judgment rule—and the requirements of Daubert case law that an expert adequately exclude alternative causes. Diversified Marine Services, LLC (Diversified) was called upon to … Continue Reading

Experts in Class Actions Subject to Daubert

A lot has already been written about the Wal-Mart Stores, Inc. v. Dukes opinion decided this week, but there’s one little ditty that class action practitioners will want to take note of. As part of their motion for class certification, the Plaintiffs used an expert who conducted a social framework analysis of the culture and … Continue Reading
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