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Class Certification Expert Witness Inadmissible Evidence

Kilpatrick

Ninth Circuit deepens Circuit split by holding inadmissible evidence can be considered in resolving class certification

Kilpatrick on

Takeaway: The Ninth Circuit recently ruled that inadmissible evidence may be considered in ruling on a motion for class certification. But does inadmissible evidence really qualify as evidence? Notwithstanding the evidentiary...more

Foley & Lardner LLP

Seventh Circuit Underscores Important Role for Pre-Certification Challenges to Expert Witnesses

Foley & Lardner LLP on

In order to certify a class action, it is the plaintiff’s burden to prove that all of the requirements of Rule 23 of the Federal Rules of Civil Procedure are satisfied. In some class actions, plaintiffs cannot proceed without...more

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