menu
  • Our Story

    • Overview
    • Careers
    • Locations
    • Diversity, Equity & Inclusion
    • Pro Bono
    • Community Involvement
    • Firm Leadership
    • History
    • Alumni
    • Affiliations
    • Media Inquiries
    • Make a Payment
  • Our People

  • Our Insights

    • Events/CLE
    • Publications
    • News
    • Blogs
  • Our Practices & Industries

    • Business
      • Business Transitions
      • Construction
      • Corporate, Securities, and M&A
      • ERISA, Life, Health & Disability
      • Finance & Banking
      • Health Care Transactions
      • Immigration
      • Intellectual Property Transactions
      • Labor, Employment & Benefits
      • Private Investment Funds
      • Private Client Services
      • Real Estate
      • Startups & Emerging Companies
      • Tax
      • Wage & Hour
    • Litigation
      • Antitrust, Competition & Trade
      • Appellate
      • Class Actions
      • Commercial Litigation
      • Construction
      • Creditors' Rights & Bankruptcy
      • Electronic Discovery, Technology & Strategy
      • ERISA, Life, Health & Disability
      • Fiduciary Litigation
      • Financial Institutions Litigation & Investigations
      • Insurance
      • Intellectual Property Litigation
      • International Arbitration
      • Labor, Employment & Benefits
      • Securities & Corporate Governance Litigation
      • Wage & Hour
    • Industries
      • Blockchain & Cryptocurrency
      • Food, Beverage & Hospitality
      • Government Law
      • Investigations, Compliance & White Collar
      • Japan Practice
      • Nonprofit & Social Enterprise
      • Privacy & Data Security
      • Senior Living & Long Term Care
      • Transportation
    • Services
      • COVID-19 Landlord/Tenant Response Team
      • COVID-19 Resource Center
      • Business Dispute Resolution
  • Our Locations

    • Anchorage
    • Portland
    • Seattle
  • Our Careers

    • Attorneys
    • Summer Associates
    • Professional Staff
  • Our Diversity

    • Diversity, Equity & Inclusion
    • Our Story
Lane Powell Web Site
  • OUR PEOPLE
  • STORY
  • INSIGHTS
  • PRACTICES & INDUSTRIES
Search
  • 日本語
  • 中文
  • 한국어
Email this pagePrint this pagePrint to PDF

Topics

  • Class Actions

Related People

  • Erin M. Wilson

Related Practices & Industries

  • Class Actions
  • Litigation
June 2018Publication

Ninth Circuit Confirms Evidence Relied on for Class Certification Does Not Have To Be Admissible (Sali v. Corona Regional Medical Center)

Class Actions Legal Update

On May 3, 2018, the Ninth Circuit found that the Sali district court abused its discretion in denying certification of a class, where the district court did not consider inadmissible evidence. Plaintiff’s class certification motion relied on a declaration from a paralegal relating to the class members’ payroll records and their employer’s pay practices that were ruled inadmissible. The Ninth Circuit stated that it had never equated a district court’s “rigorous analysis” of a class certification decision with a “mini-trial,” and found that the district court should therefore not limit its consideration of class certification to only admissible evidence. The Ninth Circuit’s decision deepens a growing divide among the circuits on this topic. Other courts, like the Fifth and Seventh Circuits, require that evidence supporting class certification must be admissible. Despite this circuit split, the Supreme Court recently denied certiorari in Taylor Farms Pacific, Inc. v. Pena. Taylor Farms raised the question of whether a trial court may certify a class action based on inadmissible evidence. Unfortunately, the take away is that in the Ninth Circuit, admissible evidence is not required to support class certification. While it is not to say that defendants should not challenge a class certification motion based on inadmissible evidence, it does make class certification more achievable for plaintiffs.

Before proceeding, please note:  If you are not a current client of Lane Powell PC, please do not include any information in this email that you or someone else considers to be confidential or secret in nature.  Prior to the establishment of a lawyer-client relationship, unsolicited emails from non-clients containing confidential or secret information cannot be protected from disclosure.

back to top
  • Our Story

    • Overview
    • Careers
    • Locations
    • Diversity, Equity & Inclusion
    • Pro Bono
    • Community Involvement
    • Firm Leadership
    • History
    • Alumni
    • Affiliations
    • Media Inquiries
    • Make a Payment
  • Our People

    • Our Insights

      • Events/CLE
      • Publications
      • News
      • Blogs
    • Our Practices & Industries

      • Business
      • Litigation
      • Industries
      • Services
      • View All

    Blogs

    Boom: The ERISA Law Blog
    Earth & Table Law Reporter

    • Site Map
    • Disclaimer
    • Data Privacy & Security
    • Contact Us
    • Subscribe
    © 2023 Lane Powell PC Lane Powell & LP
    Logo, Reg. U.S. Pat. & Tm. Off.
    Sitemap
    Connect With Us
    • Twitter
    • Facebook
    • Linkedin
    • Vimeo
    • Make a Payment