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Courts’ Clashing Standards For Evidence At Class Cert.

USA - July 19 2021 In the 2013 case Comcast Corp. v. Behrend, the U.S. Supreme Court explained that a party seeking class certification must satisfy the requirements…

Chelsey A. Dawson, Alexander Martin Madrid

Pennsylvania High Court Upholds Rule of Capture for Hydraulic Fracturing

USA - January 24 2020 On Jan. 22, 2020, the Pennsylvania Supreme Court issued its highly anticipated ruling in Briggs v. Southwestern Energy Prod. Co., affirming that the…

Anthony J. Carna

Northern District of Ohio Holds Expert Evidence Must Be Admissible to Be Considered at Class Certification

USA - February 8 2022 As we touched on last summer, whether a district court may certify a class action without resolving challenges to the admissibility of fact or…

Chelsey Dawson Klein, Alexander Martin Madrid

Class Untethered: Court Strikes Class Allegations on Pleadings due to Insufficient Predominance Allegations

USA - July 19 2019 When and how can a defendant in a putative class action defeat a proposed class? Defendants served with class action complaints frequently struggle…

Alexander Martin Madrid

Additional EPA Guidance and Developments During the COVID-19 Era

USA - April 28 2020 The U.S. Environmental Protection Agency has published various guidance documents after it issued its March 26, 2020, Policy Memorandum announcing…

David A. Franchina, Eugene E. Mathews III