Courts' Clashing Standards For Evidence At Class Cert.: Part 1

Law360 (July 15, 2021, 7:14 PM EDT) -- In the 2013 case Comcast Corp. v. Behrend,[1] the U.S. Supreme Court explained that a party seeking class certification must satisfy the requirements of Federal Rule of Civil Procedure 23 through evidentiary proof.

What few practitioners may recall, however, is the question for which the court granted certiorari: "Whether a district court may certify a class action without resolving whether the plaintiff has introduced admissible evidence, including expert testimony, to show that the case is susceptible to awarding damages on a class-wide basis."

While the court's opinion stressed the need for evidentiary proof, it did not directly address whether the proffered...

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