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Category: Daubert and Admissibility at Class Certification

May 30, 2023 Andrew Parks Carter Michelle A. Liguori
Posted in  Class Certification Daubert and Admissibility at Class Certification Pick-Off Exception Standing

Recent Fourth Circuit Class-Certification Decisions Shed Light on Mootness, Standing, and Evidentiary Burden at Class Certification

Over the past year, the Fourth Circuit has issued three decisions on class certification—all of which either affirmed certification or reversed and remanded to the district court to rule on certification. The opinions show the Fourth Circuit applying key principles in class-action practice, including mootness and the relation-back exception, standing […]

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July 23, 2021
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
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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