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 […]
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 […]
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 […]
Until recently, litigators on both sides of the “v.” routinely included incentive awards in class-action settlements. The Eleventh Circuit’s recent decision in Johnson v. NPAS Solutions, LLC, 975 F.3d 1244 (11th Cir. 2020), shook things up, holding incentive awards are prohibited under Supreme Court caselaw dating back over a century. […]
