Class Certification, the Merits, and Expert Evidence

36 Pages Posted: 24 Jan 2009

See all articles by David S. Evans

David S. Evans

Market Platform Dynamics; Berkeley Research Group, LLC

Date Written: Fall 2002

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.

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

JEL Classification: K13, K22, K23, K41

Suggested Citation

Evans, David S., Class Certification, the Merits, and Expert Evidence (Fall 2002). George Mason Law Review, Vol. 11, No. 1, 2002, Available at SSRN: https://ssrn.com/abstract=1332177

David S. Evans (Contact Author)

Market Platform Dynamics ( email )

140 South Dearborn St.
Chicago, IL 60603
United States

Berkeley Research Group, LLC ( email )

99 High St.
Boston, MA 02110
United States

HOME PAGE: http://davidsevans.org

Do you have negative results from your research you’d like to share?

Paper statistics

Downloads
77
Abstract Views
799
Rank
563,673
PlumX Metrics