Curious Case Of The Class Cert. Evidentiary Standard: Part 1
By Robert Sparkes (June 13, 2018, 3:18 PM EDT) -- The following article is part one of a two-part series that examines the question of what evidence federal courts may consider when evaluating motions for class certification. Specifically, may courts consider only admissible evidence at the class certification stage or are motions for class certification governed by looser evidentiary standards?
Part one will discuss the divergent decisions from the U.S. circuit courts of appeals addressing this issue, both in the context of expert and nonexpert evidence. As will be shown below, the majority of the circuit courts that have addressed the issue agree that district courts should not consider inadmissible evidence...
Stay ahead of the curve
In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.
Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
Create custom alerts for specific article and case topics and so much more!