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Attorney: Matthew B. Gibbons

December 15, 2021 Matthew B. Gibbons
Posted in  Class Action Basics Other Collective Action Mechanisms

The Third Circuit Races to Clarify the Interaction of FLSA and Rule 23

In its recent decision in In re Citizens Bank, N.A., 15 F.4th 607, 611 (3d Cir. 2021), the Third Circuit provided important guidance on the relationship between the opt-in collective action mechanism of the Fair Labor Standards Act (“FLSA”), 29 U.S.C. § 216(b), and the opt-out class action mechanism of Rule […]

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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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