Tuesday, September 23, 2008
From the ABA Litigation Section news report, via Federal Civil Practice Bulletin:
In what appears to be part of a trend across the country, a federal trial court in West Virginia has ordered a full, evidentiary Daubert hearing as part of deciding a motion on whether to certify a class in a pending action.
The U.S. District Court for the Southern District of West Virginia’s ruling in Rhodes v. E.I. DuPont de Nemours and Co. [PDF] follows a number of decisions in federal circuits to allow, or even require, a rigorous analysis of the facts underlying a motion for class certification, although that analysis may stray into the merits of the suit.