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 course will focus on what evidence a court may consider when ruling on a plaintiff's motion to certify a class action. In particular, panelists will discuss whether such courts are limited to considering only admissible evidence or whether, when determining certification, the court may consider evidence that it would exclude at trial. The panel will review the existing split among the circuits, discuss the various rationales, and 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.
- Fact evidence
- Need not be admissible
- Must be admissible
- Expert evidence
- Full Daubert analysis
- Limited Daubert analysis
- Strategies for managing and leveraging the uncertainty
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?
Kevin P. Daly
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.Close
Alexander M. Madrid
Mr. Madrid has a broad range of litigation and regulatory experience representing financial institutions and other... | Read More
Mr. Madrid has a broad range of litigation and regulatory experience representing financial institutions and other corporate clients, with a specific focus on representing broker-dealers in regulatory and enforcement actions, arbitration, and litigation.Close
Michael J. Ruttinger
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.Close
Robert W. Sparkes, III
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.Close