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As we touched on last summer,[1] whether a district court may certify a class action without resolving challenges to the admissibility of fact or expert evidence is still an unsettled question.  This question is particularly important with respect to expert evidence, given that class certification frequently hinges on competing experts’ opinions regarding the propriety of an aggregate action.  If an expert’s opinion is deemed inadmissible, the party proffering it is almost certain to be on the receiving end of an adverse certification ruling.
Continue Reading Northern District of Ohio Holds Expert Evidence Must Be Admissible to Be Considered at Class Certification

Monday, the Supreme Court issued its highly anticipated ruling in Goldman Sachs Group, Inc. v. Arkansas Teacher Retirement System, holding that the generic nature of an alleged misrepresentation may be important evidence of price impact to rebut the Basic presumption of reliance and thus should be considered at class certification.

The decision provides defendants facing securities fraud class actions – particularly so-called “inflation maintenance” cases – with an important tool to defeat class certification.Continue Reading A New Avenue for Defendants in Securities Fraud Class Actions: Supreme Court Holds “Generic” Nature of Statements Is “Important Evidence” of Price Impact at Class Certification

When and how can a defendant in a putative class action defeat a proposed class?  Defendants served with class action complaints frequently struggle with this question.  Typically, defendants wait until class certification briefing following lengthy discovery to contest class treatment.  This waiting game carries a high cost – discovery in class action cases is usually