Evidence, 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

Jensen v. Samsung: Federal Court of Appeal Confirms Evidentiary Requirement More Than “Mere Formality”

Stikeman Elliott LLP on 8/3/2023

In Jensen v. Samsung Electronics Co. Ltd., 2023 FCA 89, the Federal Court of Appeal (the “Court”) upheld the lower court’s refusal to certify a proposed class action involving allegations that the defendants had breached...more

Un tribunal canadien radie un rapport d’expert et refuse d’autoriser une action collective contre des sociétés pharmaceutiques

Blake, Cassels & Graydon LLP on 6/15/2023

L’Institut canadien d’information juridique a publié récemment une décision clé en matière d’action collective qui est passée sous le radar. Dans l’affaire Graham et al v. Hoffmann-La Roche Limited et al. (l’« affaire Graham...more

Canadian Court Strikes Plaintiffs’ Expert Evidence, Denies Certification of Pharmaceutical Class Act

Blake, Cassels & Graydon LLP on 6/13/2023

The Canadian Legal Information Institute recently published an overlooked but important class action decision of the Saskatchewan Court of King’s Bench (Court) in Graham et al. v. Hoffmann-La Roche Limited et al. (Graham)....more

Ninth Circuit Reiterates That Individualized Defenses Matter When Deciding Class Certification

Robinson+Cole Class Actions Insider on 3/21/2023

A recent Ninth Circuit decision illustrates how defendants can use evidence on an individualized defense to potentially defeat class certification. In Van v. LLR, Inc., — F.4th –, 2023 WL 2469909 (9th Cir. Mar. 13, 2023),...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

Third Circuit Maintains a Strict Approach to Numerosity and Highlights Circuit Split on Application of Evidentiary Rules to Class...

Robinson+Cole Class Actions Insider on 7/1/2022

I used to say that denials of class certification on numerosity grounds were rare and that usually it was futile to oppose class certification on that ground. That’s becoming less true as some circuits, including the Third...more

9th Circuit Provides Key Guidance for Defendants Opposing Rule 23(b)(3) Class Actions

Akin Gump Strauss Hauer & Feld LLP on 4/13/2022

Key Points - The en banc 9th Circuit clarified numerous rules applicable to class actions brought under Rule 23(b)(3) of the Federal Rules of Civil Procedure. The court’s watershed decision in Olean Wholesale Grocery v....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

Recent First Circuit Opinion Addresses Strategies for Litigating Predominance in Class Action Litigation

Robinson+Cole Class Actions Insider on 9/23/2021

On August 30, 2021, the U.S. Court of Appeals for the First Circuit issued a decision in Bais Yaakov of Spring Valley v. ACT, Inc. that addresses how plaintiffs can satisfy the predominance requirement in federal class...more

Eighth Circuit Overturns Class Certification in Suit Against TD Ameritrade Holding Corp., Holding Individualized Evidence Is...

Goodwin on 5/5/2021

Eighth Circuit Overturns Class Certification in Suit Against TD Ameritrade Holding Corp., Holding Individualized Evidence is Required for Each Putative Class Member; District Judge Approves Magistrate’s Recommendation to Deny...more

Ninth Circuit Stresses District Court’s Duty to Weigh Competing Expert Evidence at Class Certification

McGuireWoods LLP on 4/27/2021

The Court of Appeals for the Ninth Circuit issued a decision recently in Olean Wholesale Grocery Cooperative, Inc. v. Bumble Bee Foods LLC (“Olean Wholesale”), confirming that district courts must rigorously examine competing...more

Sixth Circuit Holds Non-Expert Evidence Need Not Be Admissible to Support Class Certification, but Approves Stringent Claim...

Foley & Lardner LLP on 4/23/2021

At Class Certification Stage, Non-Expert Evidence Must Be Reliable, but Not Necessarily Admissible: As the Supreme Court explained 40 years ago in General Telephone Co. of Southwest v. Falcon, 457 U.S. 147, 161 (1982),...more

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

McGuireWoods LLP on 4/1/2021

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

Third Circuit weakens ascertainability requirement by lowering evidentiary bar

Kilpatrick on 10/1/2020

Takeaway: The Circuits have split on the issue of whether a class representative must show the class is “ascertainable.” The Third Circuit has required a Rule 23(b)(3) class to be “currently and readily ascertainable.” ...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

Hearsay What? EDNY Finds That Class Certification Evidence Must Be Admissible

Carlton Fields on 9/10/2019

Lin v. Everyday Beauty is an Eastern District of New York decision addressing an issue that has divided district courts in the Second Circuit and elsewhere: Whether a federal court may consider inadmissible evidence when...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

Beware of the “Influencer”

Faegre Drinker Biddle & Reath LLP on 6/3/2019

The proliferation of social media has transformed the world in many ways including how people communicate, becoming a preferred vehicle for political discourse and an important source of information in litigation. It has also...more

Class Certification Ruling Shows TCPA Perils Involved With Online Lead Generation

Womble Bond Dickinson on 4/1/2019

From the perspective of a litigator and trial lawyer, the online lead generation supply chain gives me heartburn sometimes. The problem is one of evidence. In the world of online lead generation and digital marketing, the...more

Looking Forward Class Actions in 2019

Bennett Jones LLP on 2/1/2019

For the last six years, the Bennett Jones Class Actions Practice Group has published an annual year-in-review: our attempt to recap some highlights in class action litigation over the last year and make some soft predictions...more

This is How It Is in TCPAland: Class Counsel Moves to Strike Defendant’s Consent Defense for Seeking One Week Extension to Redact...

Womble Bond Dickinson on 12/18/2018

Lest anyone think TCPAland isn’t fraught with peril for unwary defendants, let me tell you a quick tale. Citibank is facing TCPA class litigation in the Northern District of California–yes the same Citibank that so...more

Evidence › Class Certification