Courts' Clashing Standards For Evidence At Class Cert.: Part 2

Law360 (July 16, 2021, 5:53 PM EDT) -- In the 2013 case Comcast Corp. v. Behrend, 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. But the court's opinion did not directly address whether the proffered evidence must be admissible.

As a result, the question of whether plaintiffs moving to certify a class must use admissible evidence remains unresolved. In this two-part article, we survey the circuit approaches to this question.

The circuits are clearly split on whether evidence must be admissible to be considered at class certification. Yet what is most notable is that the...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.


  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!

TRY LAW360 FREE FOR SEVEN DAYS

Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!