Must Class Certification Evidence Be Admissible?
Were the Court to hold that all class certification evidence, including non-expert evidence, must be admissible, the resulting burdens and delays would benefit defendants significantly. Nothing in Supreme Court precedent, however, requires a rule that both expert and non-expert evidence offered to support class certification be admissible, and no circuit court case has explicitly held as much.
Reprinted with permission. Antitrust, Vol. 33, No. 2, Spring 2019. © 2019 by the American Bar Association
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