Class Cert. Evidence Standard Likely Headed To High Court

By Thomas Richie and John Goodman (December 7, 2018, 3:13 PM EST) -- The Ninth Circuit's decision not to grant en banc rehearing in Sali v. Corona Regional Medical Center should all but guarantees that the issue of expert testimony at the class certification stage is heading to the U.S. Supreme Court.

Sali involved a declaration that was created by a paralegal at one of the firms representing the plaintiffs and then offered to establish typicality under Rule 23(a)(3). The paralegal purported to analyze various time entries, and offered opinion testimony that the named plaintiffs' claims were typical of the class members' claims. Everyone agreed that the declaration was not admissible. The district court kept the spreadsheet out and,...

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