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http://ssrn.com/abstract=1330594
 
 

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The New Consensus on Class Certification: What it Means for the Use of Economic and Statistical Evidence in Meeting the Requirements of Rule 23


David S. Evans


University of Chicago Law School; University College London; Global Economics Group

January 2009


Abstract:     
Offering expert testimony that is a hair's breadth away from nutty is no longer sufficient to secure class certification according to an emerging consensus across the circuit courts. The court must also get into any merits issues that are relevant to the class issues. As a practical matter credible expert testimony will prove more important going forward in all types of class certification for both plaintiffs and defendants. This note summarizes the consensus that is emerging and describes the sorts of analyses that will prove critical in seeking or opposing the certification of a particular class.

Number of Pages in PDF File: 15

Keywords: class certification, economic evidence, statistical evidence, Rule 23, expert testimony

JEL Classification: K00

working papers series





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Date posted: January 21, 2009  

Suggested Citation

Evans, David S., The New Consensus on Class Certification: What it Means for the Use of Economic and Statistical Evidence in Meeting the Requirements of Rule 23 (January 2009). Available at SSRN: http://ssrn.com/abstract=1330594 or http://dx.doi.org/10.2139/ssrn.1330594

Contact Information

David S. Evans (Contact Author)
University of Chicago Law School ( email )
1111 E. 60th St.
Chicago, IL 60637
United States
University College London ( email )
London WC1E OEG
United Kingdom
Global Economics Group ( email )
1400 S. Dearborn, Suite 400
Chicago, IL 60603
United States
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