News & Analysis as of

Dukes v Wal-Mart Class Certification Evidence

Kilpatrick

Eighth Circuit concludes that admissibility at class certification is a “red-herring”

Kilpatrick on

In Cody v. City of St. Louis, 103 F.4th 523 (8th Cir. 2024), the Eight Circuit maintained its position that admissibility standards do not apply strictly at the class certification stage, thereby solidifying a circuit split...more

Carlton Fields

Hearsay What? EDNY Finds That Class Certification Evidence Must Be Admissible

Carlton Fields on

Lin v. Everyday Beauty is an Eastern District of New York decision addressing an issue that has divided district courts in the Second Circuit and elsewhere: Whether a federal court may consider inadmissible evidence when...more

BakerHostetler

Do Daubert Standards Apply at the Certification Stage? Ninth Circuit Splits With Itself

BakerHostetler on

It is fitting that the day after Halloween the Ninth Circuit issued its denial of rehearing en banc in Sali v. Corona Regional Medical Center, Case No. 15-56460, because the issue it raises, like Michael Myers in the...more

Proskauer - California Employment Law

California Courts May No Longer Be Able to Certify a Ham Sandwich

Commentators have quipped that class certification is so easy in California that with little effort a group of plaintiffs could certify even a ham sandwich. In fact, we have seen a proliferation of recent appellate decisions...more

Nexsen Pruet, PLLC

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

Nexsen Pruet, PLLC on

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

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