Class Certification, Admissibility

E.D.N.Y.: Class certification evidence must be admissible

Kilpatrick on 9/17/2019

Takeaway: In a prior post, we reported on the Ninth Circuit’s decision in Sali v. Corona Regional Medical Center, 889 F.3d 623 (9th Cir. 2018) that class certification evidence need not be admissible (Ninth Circuit deepens...more

Ninth Circuit Panel Affirms Inadmissibility Alone is Not a Proper Basis to Reject Evidence in Support of Class Certification

Sheppard Mullin Richter & Hampton LLP on 11/30/2018

Following the denial of a petition for rehearing en banc, over a spirited dissent, a Ninth Circuit panel issued its amended order on November 27, 2018 in Sali v. Corona Regional Medical Center, holding that evidence need not...more

Split Ninth Circuit Cements Circuit Split on Admissibility of Class Certification Evidence

Kilpatrick on 11/15/2018

Takeaway: A fractured Ninth Circuit has rejected the opportunity to re-visit a panel decision allowing inadmissible evidence to be considered in ruling on a motion for class certification. This ruling solidifies a glaring...more

Ninth Circuit Holds That Evidence Supporting Class Certification Need Not Be Admissible

Seyfarth Shaw LLP on 5/14/2018

Seyfarth Synopsis: In Sali v. Corona Regional Medical Center, No. 15-5640, 2018 U.S. App. LEXIS 11497 (9th Cir. May 3, 2018), a three judge panel of the U.S. Court of Appeals for the Ninth Circuit reversed a district court’s...more

Ninth Circuit Concludes That Admissibility Is Not A Factor In Deciding Class Certification

Jackson Lewis P.C. on 5/10/2018

On May 3, 2018, in Sali v. Corona Medical Center, et al., Case Number 15-56460, a putative wage-hour class action, the U.S. Court of Appeals for the Ninth Circuit held that evidence does not have to be admissible for it to be...more

California Court of Appeal Confirms that There is Only One Standard for the Admission of Expert Testimony and that Expert Opinion...

Sheppard Mullin Richter & Hampton LLP on 2/1/2018

Deciding an issue of first impression, the California Court of Appeal issued a writ of mandate confirming that there is only one standard for the admissibility of expert opinion in California, and that standard applies when...more

Defending Commercial Class Actions: Recent Cases May be Giving the Defense an Edge

Nexsen Pruet, PLLC on 2/15/2013

While the ripples from the United States Supreme Court’s 2011 decision in Wal-Mart v. Dukes are still being felt, the Court may make further class action waves this term with its pending decision in Comcast v. Behrend. This...more

Class Certification › Admissibility