Checking Off on Class Certification

October 16, 2009
Los Angeles Daily Journal
John A. Sturgeon

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A court's ruling on a motion for class certification is all-important to both the plaintiff and the defendant. Because the stakes are so high, a court may only certify a class after a "rigorous analysis" that the plaintiff has met the prerequisites of Rule 23 of the Federal Rules of Civil Procedure. But what evidence may a court examine in making this analysis? The standards may vary from court to court. For instance, some courts will weigh conflicting evidence, while others will not, preferring to grant certification and then wait until trial to do so. Also, courts may consider evidence, including hearsay, which would be inadmissible at trial. However, courts may not simply accept all proffered evidence and ignore all admissibility standards. Instead, the court must test all proffered evidence, including expert opinion, for reliability and reject that which it determines is unreliable. Click on "Download PDF" above for the full text of the article.