16 Cited authorities

Daubert v. Merrell Dow Pharmaceuticals, Inc.
509 U.S. 579 (1993) Cited 27,467 times 244 Legal Analyses
Holding that a trial judge must ensure that all admitted expert testimony "is not only relevant, but reliable"
United States Parole Comm'n v. Geraghty
445 U.S. 388 (1980) Cited 2,066 times 11 Legal Analyses
Holding that class certification itself may provide "a personal stake . . . sufficient to assure Art. III values are not undermined."
In re Hydrogen Peroxide Antitrust Litig.
552 F.3d 305 (3d Cir. 2008) Cited 947 times 37 Legal Analyses
Holding that plaintiffs must make more than a mere " threshold showing," they must establish facts " by the preponderance of the evidence"
Bigelow v. RKO Radio Pictures, Inc.
327 U.S. 251 (1946) Cited 991 times 3 Legal Analyses
Holding that when the plaintiff cannot prove his damages by precise computation, the jury "may make a just and reasonable estimate of the damage based on relevant data, and render its verdict accordingly"
Diesel Props S.r.l. v. Greystone Business Credit II LLC
631 F.3d 42 (2d Cir. 2011) Cited 406 times
Holding that in order for a party to be bound or liable under a contract there must be a contract between the parties
Favrot v. Favrot
68 So. 3d 1099 (La. Ct. App. 2011) Cited 300 times
Holding there is no "implied obligation of good faith in perforating under [a contract]"
Hendrix v. Evenflo Co.
609 F.3d 1183 (11th Cir. 2010) Cited 271 times 3 Legal Analyses
Holding that because the expert failed to reliably rule in his theory of causation, the court did not need to "venture into the quagmire of attempting to define the parameters of a reliable process of 'ruling out' other possible causes" of the disease in question
Kilpatrick v. Breg, Inc.
613 F.3d 1329 (11th Cir. 2010) Cited 231 times 2 Legal Analyses
Holding the district court did not abuse its discretion in excluding expert testimony, when the expert "had ample opportunity to identify all of the bases for his conclusions and to explain his methodology in reaching those conclusions" yet failed to do so
Bashir v. Amtrak
119 F.3d 929 (11th Cir. 1997) Cited 205 times
Holding that tampering with — or purposeful destruction of — evidence indicates bad faith
Andrews v. American Telephone Telegraph Co.
95 F.3d 1014 (11th Cir. 1996) Cited 197 times
Holding that class representatives "need not have participated in a wide variety of 900-number programs to have suffered harm typical of the harm suffered by the class members in general"
Rule 23 - Class Actions
Fed. R. Civ. P. 23 Cited 36,582 times 1266 Legal Analyses
Holding that, to certify a class, the court must find that "questions of law or fact common to class members predominate over any questions affecting only individual members"
Rule 702 - Testimony by Expert Witnesses
Fed. R. Evid. 702 Cited 28,085 times 293 Legal Analyses
Adopting the Daubert standard

In Re: Checking Account Overdraft Litigation

16 Cited authorities

Holding that a trial judge must ensure that all admitted expert testimony "is not only relevant, but reliable"

Holding that class certification itself may provide "a personal stake . . . sufficient to assure Art. III values are not undermined."

Holding that plaintiffs must make more than a mere " threshold showing," they must establish facts " by the preponderance of the evidence"

Holding that when the plaintiff cannot prove his damages by precise computation, the jury "may make a just and reasonable estimate of the damage based on relevant data, and render its verdict accordingly"

Holding that in order for a party to be bound or liable under a contract there must be a contract between the parties

Holding there is no "implied obligation of good faith in perforating under [a contract]"

Holding that because the expert failed to reliably rule in his theory of causation, the court did not need to "venture into the quagmire of attempting to define the parameters of a reliable process of 'ruling out' other possible causes" of the disease in question

Holding the district court did not abuse its discretion in excluding expert testimony, when the expert "had ample opportunity to identify all of the bases for his conclusions and to explain his methodology in reaching those conclusions" yet failed to do so

Holding that tampering with — or purposeful destruction of — evidence indicates bad faith

Holding that class representatives "need not have participated in a wide variety of 900-number programs to have suffered harm typical of the harm suffered by the class members in general"

Holding that, to certify a class, the court must find that "questions of law or fact common to class members predominate over any questions affecting only individual members"

Adopting the Daubert standard