Class Certification Evidence
What Are the Standards of Admissibility and Probative Value Among the Circuits?
Questions Addressed
- 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?
Webinar 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