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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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July 23, 2021
Posted in  Ascertainability

Eleventh Circuit Rules Administrative Feasibility is Not Required for Class Certification but Remains a Factor in Class Manageability Analysis

In Cherry v. Dometic Corp., 986 F.3d 1296 (11th Cir. Feb. 2, 2021), the Eleventh Circuit furthered the divide among the circuits as to whether putative class representatives must prove the existence of an administratively feasible method to identify absent class members as a precondition for class certification. Ultimately, the […]

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