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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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