News & Analysis as of

Admissible Evidence Evidence Class Action

Holland & Knight LLP

What Is "Natural?"

Holland & Knight LLP on

When it comes to consumer class action litigation, what type of evidence is required to show that labeling nutrition bars as "all natural" violates false advertising and consumer protection laws? According to the plaintiffs...more

Faegre Drinker Biddle & Reath LLP

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

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

McGuireWoods LLP

Sixth Circuit Holds Class Certification Evidence Does Not Have to be Admissible

McGuireWoods LLP on

The Sixth Circuit Court of Appeals’ recent opinion in Lyngaas v. Curaden AG (“Lyngaas”), has important implications for federal class actions regarding personal jurisdiction and the use of non-admissible evidence to support...more

Kilpatrick

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

Kilpatrick on

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

Kilpatrick

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

Kilpatrick on

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

Jackson Lewis P.C.

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

Jackson Lewis P.C. on

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

Pillsbury Winthrop Shaw Pittman LLP

U.S. Supreme Court Upholds Use of Representative Statistical Evidence to Establish Class-wide Liability in Tyson Foods Overtime...

In a much-anticipated decision, the U.S. Supreme Court recently affirmed a $2.9 million judgment in a class action for unpaid overtime wages against Tyson Foods Inc. (Tyson) in which employee class members relied on...more

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