Evidence, Admissibility, Class Action

A KIND Result After Insufficient and Biased Consumer Perception Evidence

Faegre Drinker Biddle & Reath LLP on 5/30/2024

Consumer perception evidence is necessary for plaintiffs to survive summary judgment in a false advertising class action, but vacillating and flawed connections between the evidence and the key question of what a reasonable...more

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

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 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

Class Actions in Italy: Milan Court of Appeal Adopts Wider Interpretation of Admissibility

McDermott Will & Emery on 3/12/2014

On 3 March 2014, the Milan Court of Appeal overturned a previous decision issued by the Milan Tribunal, declaring a class action brought by an Italian consumers association, Altroconsumo, against local railway operator...more

Real Property, Financial Services & Title Insurance Case Law Update: Weeks Ending August 30 & September 6, 2013

Carlton Fields on 9/10/2013

I. FLORIDA STATE CASES - ILAN NIEUCHOWICZ & SASHA FUNK GRANAI - Hearsay/Business Records Exception: court erred in considering testimony given by Association’s new management company concerning amounts owed to...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

Evidence › Admissibility › Class Action