Class Certification, the Merits, and Expert Evidence

Abstract:     
What standards should the courts use to determine whether or not to certify the class proposed by the plaintiffs? The answer to this question has ramifications for many areas of the law in which class actions have become an oft-used method for pursuing claims against alleged wrongdoers, including mass torts, securities, employment discrimination, and antitrust. This Article discusses two related aspects of the class-certification standard that determine where that standard lies on the strictness spectrum. One concerns whether evidence that bears on the merits of the claims should be walled off from the analysis of the class certification questions. The other deals with whether the courts should weigh expert evidence on the class certification requirements.

Number of Pages in PDF File: 36

Keywords: class certification, standards, strict standards, claims on the merit, expert evidence

JEL Classification: K13, K22, K23, K41

Accepted Paper Series