9th Circ. Gets Tougher On Experts At Class Certification

By Robert Sparkes ( January 11, 2021, 5:58 PM EST) -- In May 2018, the U.S. Court of Appeals for the Ninth Circuit held, in Sali v. Corona Regional Medical Center, that courts may consider inadmissible evidence when evaluating whether to certify a class under Rule 23 of the Federal Rules of Civil Procedure.[1] Shortly thereafter, I wrote a two-part Law360 guest article examining the evidentiary standards governing motions for class certification, which included a critique of the Sali court's holding.[2]...

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