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...

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