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Admissible Evidence FRCP 23

Sheppard Mullin Richter & Hampton LLP

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

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

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

BakerHostetler

Ninth Circuit Finds Evidence at Class Certification Not Required to Be Admissible - The Last Word on the Issue?

BakerHostetler on

In a 28-page opinion, a panel of the Ninth Circuit overturned a district court’s denial of class certification, in part, because the lower court required supporting evidence to be admissible. This decision certainly...more

McGuireWoods LLP

Supreme Court Asked to Clarify that Class Certification Evidence Must Be Admissible

McGuireWoods LLP on

A major California grower has asked the Supreme Court to resolve a circuit split by holding that evidence used to support class certification must be admissible. The U.S. Court of Appeals for the Ninth Circuit is currently...more

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