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Expert Analysis

Curious Case Of The Class Cert. Evidentiary Standard: Part 2

By Robert Sparkes ( June 14, 2018, 11:56 AM EDT) -- Part one of this article examined the divergent decisions from the U.S. circuit courts of appeals addressing whether federal courts may consider only admissible evidence when evaluating motions for class certification. As set forth in part one, the majority of the circuit courts that have addressed the issue have made clear that district courts should not consider inadmissible evidence, both expert and nonexpert, at the class certification stage. The minority of circuit courts (the Eighth and Ninth Circuits, specifically), however, have ruled that evidence considered at the class certification stage "need not be admissible evidence."[1]...

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