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Symposium Regarding the Application of the Federal Rules of Evidence at the Class Certification Stage

Posted: March 8, 2013
By: Jessie Kokrda Kamens
Source: BNA
Practice Areas: Antitrust

At class action symposium at George Washington University School of Law that took place on March 7-8, 2013, a panel discussed the application of the Federal Rules of Evidence at the class certification stage.  Eric L. Cramer, managing shareholder at Berger & Montague, asserted that it was "inefficient and improper" to apply the Federal Rules of Evidence at class certification.  Mr. Cramer further argued that a Daubert inquiry is "mismatched" at class certification because Daubert asks whether an expert's methodology is reliable to prove the merits of a claim, but the merits are not at issue during class certification.  Mr. Cramer noted that applying the Federal Rules of Evidence at the class certification stage and at the merits stage is wasteful.  He commented, "This taxes the judges, not the parties.  It seems like a huge waste of judicial resources."