Engineering: April 2010 Archives

In Seventh Circuit Requires Full Daubert Hearing and Ruling Before District Court Rules on Class Certification, Michael Blankshain writes:

In American Honda Motor Co. v. Allen, the Seventh Circuit Court of Appeals held that when an expert’s opinion is critical to class certification, a district court must conclusively rule on any challenge to the expert’s qualifications or submissions, performing a full Daubert analysis if necessary, before ruling on a class certification motion. American Honda is the latest in a series of Seventh Circuit cases to emphasize the rigorous fact, and often merit-based analysis district courts must undertake before ruling on a class certification motion. It is also consistent with, and expands upon, the developing law in other circuits. See, e.g., In re Hydrogen Peroxide Antitrust Litig., 553 F.3d 305 (2d Cir. 2008) (vacating order granting class certification where district court did not adequately consider expert opinions).

For more, see wildman.com.

On April 7th, the Seventh Circuit US Court of Appeals granted Honda's petition for appeal in American Motor Co, Inc. v. Allen.  The plaintiffs are purchasers of Honda's Gold Wing GL1800 motorcycle and allege that the motorcycle has a design defect that prevents the adequate dampening of "wobble," claiming defect makes the steering assembly shake excessively. 

In his report, motorcycle engineering expert Mark Ezra opined that motorcycles should "by [their] design and manufacture exhibit decay of any steering oscillations sufficiently and rapidly so that the rider neither reacts to nor is frightened by such oscillations."

For more, see leagle.com.