9th Circ. Won't Rethink Class Cert. Evidence Standard

Law360 (November 1, 2018, 7:02 PM EDT) -- Five Ninth Circuit judges shredded their colleagues Thursday for voting down a California hospital's request that the full court reconsider a ruling that trial courts can certify class actions based on inadmissible evidence.

Judge Carlos Bea, joined by four of his colleagues, slammed the majority's denial of Corona Regional Medical Center's request to review en banc the May panel ruling, which reversed the denial of certification in a suit alleging the hospital illegally underpays nurses. The unanimous panel said limiting judges to considering admissible evidence when deciding whether to certify classes "risks terminating actions before a putative class may gather crucial...

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