The Sixth Circuit today vacated a district court’s certification of 10 classes relating to claims about Nissan’s automatic electronic braking systems. The court first held that the district court had inadequately considered commonality and predominance. It then went onto address a question that has divided the circuits over the past decade- whether expert testimony considered at the class certification must be analyzed under the Daubert standard. Distinguishing 2021 Sixth Circuit precedent that held that non-expert evidence need not meet admissibility requirements to be considered at the class certification, the court held that expert evidence was different and must meet Daubert. The court did not meaningfully explain why the two kinds of evidence should be treated differently; it seems likely that today’s panel simply disagreed with the earlier panel’s decision, which was joined only by appointees of President Clinton.
