O’Melveny’s Simmons Quoted in Law360 on Daubert Standard

June 27, 2012

Law360’s June 26, 2012, article, “Comcast Case Gives Justices A Chance To Expand On Dukes,” talks about a recent US Supreme Court decision to review an antitrust class action claim against Comcast Corp. The appeal hinges on the 2011 ruling in Wal-Mart Stores Inc. v. Dukes, that establishes the need to vet expert testimony when arguing for class status. O’Melveny & Myers’ Ian Simmons said in the article that this case will examine whether the Daubert standard, which regulates the admissibility of evidence,  is applicable during class certification. "It's a fair inference to say, 'Look they took Dukes, dealt with Dukes and talked about what commonality means,' [so] they took this, are they going to back off the dictum that they said in Dukes," Simmons said in the article. "Maybe but … if I had to bet, I bet they'll say yes, [Daubert] applies, given their dictum in Wal-Mart v. Dukes."