Class Certification Evidence: Standards of Admissibility and Probative Value Among the Circuits
Strategies for Opposing or Narrowing Class Certification and Preserving Objections
Recording of a 90-minute CLE video webinar with Q&A
This CLE webinar will discuss what evidence courts in different circuits can, will, or may consider when ruling on a motion to certify a class under Federal Rule 23. The panel will review the existing split among the circuits regarding whether courts should entertain only admissible evidence or whether they may consider evidence that would be excluded at trial, the differing rationales in the circuits, and then offer best practices and strategies for opposing or narrowing class certification both in jurisdictions that have not yet taken a side and those that have.
Outline
- Fact evidence
- Need not be admissible
- Must be admissible
- Ambiguous
- Expert evidence
- Full Daubert analysis
- Limited Daubert analysis
- Strategies for managing and leveraging the uncertainty
Benefits
The panel will explore these and other key issues:
- How can defense counsel preserve objections to admissibility?
- How can counsel leverage the law of other circuits in jurisdictions with no controlling precedent?
- What does how a court assesses evidence imply about its view on admissibility standards?
Faculty
Kevin P. Daly
Counsel
Robinson & Cole
Mr. Daly focuses his practice on complex commercial litigation and trade compliance issues. He is a member of... | Read More
Mr. Daly focuses his practice on complex commercial litigation and trade compliance issues. He is a member of Robinson+Cole's Business Litigation Group and Manufacturing Industry Team.
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Michael J. Ruttinger
Partner
Tucker Ellis
Mr. Ruttinger develops and implements strategies for clients in class action, commercial and complex litigation across... | Read More
Mr. Ruttinger develops and implements strategies for clients in class action, commercial and complex litigation across the country. He advises and advocates for clients at all phases of a case, from pre-litigation consulting on regulatory issues, to dispositive and class-certification motions, to appeals. Mr. Ruttinger regularly handles complicated, high-stakes issues for clients ranging from challenges to class certification to developing strategies for seeking summary judgment and excluding unreliable expert opinions. He is a frequent writer and speaker on the application of class action and product liability laws to emerging technologies.
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Robert W. Sparkes, III
Partner
K&L Gates
Mr. Sparkes has extensive experience in complex civil and commercial litigation and regularly represents banking,... | Read More
Mr. Sparkes has extensive experience in complex civil and commercial litigation and regularly represents banking, mortgage lending and consumer financial services institutions in consumer class actions and individual litigation matters in federal and state courts throughout the U.S. He also has experience representing a variety of other corporate and individual clients in contract, tort, class action, consumer protection and other general business litigation matters.
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