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Category: Daubert and Admissibility at Class Certification

July 23, 2021 Matthew B. Gibbons
Posted in  Daubert and Admissibility at Class Certification

The State of the Circuit Split on the Applicability of Daubert at Class Certification

In Prantil v. Arkema, the Fifth Circuit joined three other Circuits in holding that scientific evidence offered in relation to certification of a class must meet the Daubert standard of reliability.[1]  While the court became the fourth federal Court of Appeals to endorse such an approach, a circuit split on […]

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July 23, 2021 Emily M. Melvin
Posted in  Daubert and Admissibility at Class Certification

Key case update: Sixth Circuit joins Eighth and Ninth Circuits in allowing inadmissible evidence at class certification

In Lyngaas v. Ag, 992 F.3d 412 (6th Cir. 2021), the Sixth Circuit held that evidence supporting class certification need not be admissible at the class certification stage, widening the circuit split on this issue.  Notably, the Sixth Circuit did not expressly address whether its ruling applied to expert testimony—the […]

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October 28, 2020 Carson Lane
Posted in  Daubert and Admissibility at Class Certification

Class Action Lawsuit Against Major League Baseball, Ninth Circuit Decision

In the past five years, approximately two-thirds of companies faced at least one labor and employment class action, and within this category, companies overwhelmingly reported that wage and hour matters were of top concern. To defeat class certification by employees, companies commonly utilize two strategies. The first is showing that […]

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