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Evidence › Wal-Mart

Kilpatrick

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

Kilpatrick on

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

BakerHostetler

California Supreme Court Pounds Another Nail into the Coffin of “Trial by Formula” in Class Actions

BakerHostetler on

The California Supreme Court issued its long-awaited decision in Duran v. U.S. Bank National Association yesterday, addressing the use of statistical sampling as a way of evaluating aggregate liability and damages in a class...more

Carlton Fields

Third Circuit Applies Stringent Evidentiary Burden For Certification In Hayes v. Wal-Mart Stores, Inc.

Carlton Fields on

In Hayes v. Wal-Mart Stores, Inc., 725 F.3d 349 (3d Cir. Aug. 2, 2013), the Third Circuit vacated the trial court’s certification order and remanded in light of its earlier decision, Marcus v. BMW of North America, LLC, 687...more

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