In Watson v. Manhattan Luxury Automobiles, the Southern District of New York weighed in on the ongoing debate over whether scientific evidence offered in relation to a motion for class certification must meet the Daubert standard of reliability, which has been the subject of a deepening circuit split. In dicta, the Supreme Court implied that expert evidence at the class certification stage likely would be required to meet the standards of Daubert in at least some circumstances, but it has yet to definitely decide the issue. The Third, Fifth, Seventh, Ninth, and Eleventh Circuits require scientific evidence to satisfy a full Daubert analysis at the class certification stage, while the Eighth Circuit requires only a “limited” Daubert analysis. The remaining circuits, including the Second Circuit, have not yet issued clear rulings on the matter.
Ellie Riegel is an associate in the firm's Washington, D.C. office, where she practices in the Litigation and Government Contracts groups. Ellie’s work primarily includes complex civil litigation in federal and state forums. She focuses on a range of government contracts issues, including government investigations, client counseling, and bid protests before the Government Accountability Office.