Alexander Madrid and associates
Allison Ebeck and
Chelsey Dawson co-authored a two-part Law360 series published July 15-16, 2021,
on courts’ clashing standards for evidence at class certification.
Following the U.S. Supreme Court’s decision in Comcast Corp. v. Behrend, the authors explained, courts and
practitioners have had difficulty navigating the presentation of evidence
at class certification. While the high court said movants must demonstrate
they meet the requirements of Rule 23 through evidentiary proof, it did not
specify whether this proof must come in the form of admissible evidence or
whether fact and expert evidence should be treated equivalently.
part 1 of their analysis, the authors looked at the split among the circuit courts
on fact evidence. In
part 2, they considered expert evidence and takeaways from the circuit court
Until the Supreme Court addresses the issue definitively or the law evolves
toward uniformity, the authors said, practitioners are well-advised to pay
attention to courts' differing evidentiary standards.