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]

Among other things, the article argued that Sali ignores U.S. Supreme Court guidance, is inconsistent with Ninth Circuit precedent, runs contrary to the great weight of authority from other circuits and...

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