Examining Class Cert. At 9th Circ. After Sali Ruling

By Erik Swanholt, Kendall Waters, Jason Feder and Dyana Mardon (August 30, 2018, 2:22 PM EDT) -- The Ninth Circuit is at it again, blazing a different path than its sister circuits. In Sali v. Corona Regional Medical Center,[1], the court reversed a district court's order that denied class certification on the grounds that the sole evidence offered in support was a self-serving declaration that included unauthenticated documents and improper opinion testimony and was therefore inadmissible. In ruling that evidence offered in support of class certification need not be admissible at trial, the Ninth Circuit has arguably shown again why its reputation as one of the most plaintiff-friendly jurisdictions is well-deserved....

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