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Attorney: Emily M. Melvin

November 16, 2021 Joseph D. Hammond Emily M. Melvin
Posted in  Class Action Basics

Swinging Blades, Tripwires, and Zombies, inter alia: the Adventurer’s Guide to Hidden Hazards in Class-Action Defense

Class-action litigation is rife with obvious hazards such as potentially huge exposure and unique procedural rules.  Class actions are also riddled with hidden traps:  lesser-known rules and evolving doctrines that can trip up the unsuspecting attorney.  We point out some traps so that you can leap over, run around, and/or […]

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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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September 29, 2020 Emily M. Melvin
Posted in  Ascertainability

In Blow to Gig Economy, Third Circuit Rules Shoddy Records are No Bar to Class Certification

Gig economy companies increasingly face class action lawsuits brought by their workers. Uber, Lyft, Instacart, Doordash, and Amazon, to name a few, have confronted multiple lawsuits alleging the companies misclassified employees as independent contractors. While the merits of these claims are vigorously debated in the courtroom, legislature, and public arena, […]

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