May 23, 2019 Articles

A Circuit Split Arises over the Admissibility of Evidence on Class Certification

The Ninth Circuit broke from its sister courts in concluding that evidence considered on a motion for class certification need not be admissible evidence.

By Fred Burnside and Lauren Rainwater

A circuit split has emerged on the issue whether a party must submit admissible evidence in support of class certification.  In Sali v. Corona Regional Medical Center, 909 F.3d 996 (9th Cir. 2018), the Ninth Circuit broke from its sister courts in concluding that evidence considered on a motion for class certification need not be admissible evidence.  Id. at 1004-05.

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