In re Nissan North America Inc.

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(6th COA, filed February 2, 2024): Arguing that district courts must conduct a Daubert analysis of expert testimony that provides the evidentiary basis to find commonality.  Proper gatekeeping of expert testimony is critical to any rigorous analysis of commonality and predominance. This court should make clear that district courts cannot postpone rigorous analysis of commonality and predominance.

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