Open Access. Powered by Scholars. Published by Universities.®
- Discipline
- Keyword
- Publication
- Publication Type
Articles 1 - 2 of 2
Full-Text Articles in Evidence
Snap And Destroy: Preservation Issues For Ephemeral Communications, Ryan G. Ganzenmuller
Snap And Destroy: Preservation Issues For Ephemeral Communications, Ryan G. Ganzenmuller
Buffalo Law Review
No abstract provided.
Death By Daubert: The Continued Attack On Private Antitrust, Christine P. Bartholomew
Death By Daubert: The Continued Attack On Private Antitrust, Christine P. Bartholomew
Journal Articles
In 2011, with five words of dicta, the Supreme Court opened Pandora’s box for private antitrust enforcement. By suggesting trial courts must evaluate the admissibility of expert testimony at class certification, the Court placed a significant obstacle in the path of antitrust class actions. Following the Supreme Court’s lead, most courts now permit parties to bring expert challenges far earlier than the traditional summary judgment or pretrial timing. Premature rejection of expert testimony dooms budding private antitrust suits — cases that play an essential role in modern antitrust enforcement. The dangers for private antitrust plaintiffs are compounded by the Court’s …