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

15 Pages Posted: 21 Jan 2009  

David S. Evans

Global Economics Group; University College London

Date Written: 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.

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

JEL Classification: K00

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: https://ssrn.com/abstract=1330594 or http://dx.doi.org/10.2139/ssrn.1330594

David S. Evans (Contact Author)

Global Economics Group ( email )

111 Devonshire St.
Suite 900
Boston, MA 02108
United States

University College London ( email )

Gower St
London WC1E OEG, WC1E 6BT
United Kingdom

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