Evidence, Expert Testimony, Class Certification

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

Kilpatrick on 7/25/2024

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

Listen Up Class: The Role of Daubert at the Class Certification Stage in the Ninth Circuit

Faegre Drinker Biddle & Reath LLP on 12/6/2022

Class certification is the feature fight of any putative class action lawsuit. If granted, it can multiply the stakes of a case several hundred- or thousand-fold. If denied, it can signal the end of the litigation. Because of...more

Northern District of Ohio Holds Expert Evidence Must Be Admissible to Be Considered at Class Certification

McGuireWoods LLP on 2/8/2022

As we touched on last summer, whether a district court may certify a class action without resolving challenges to the admissibility of fact or expert evidence is still an unsettled question. This question is particularly...more

[Event] Wage The Battle To Win The War: Expert Challenges At Class Certification - September 24th, Chicago, Illinois

McDermott Will & Emery on 9/6/2019

Certifying an antitrust class under Rule 23 has become a battle. In the last 20 years, courts have been changing the game around Rule 23 interpretation, and rigorous analysis at class certification has made briefing...more

Court Refuses to Certify Canadian Price-Fixing Case

Bennett Jones LLP on 1/11/2018

For many years, it was next to impossible to certify a price-fixing class action in Canada. Today, certification is so common that refusals to certify are the rare exception. Ewert v Nippon Yusen Kabushiki Kaisha, 2017 BCSC...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