Sixth Circuit Holds Non-Expert Evidence Need Not Be Admissible To Support Class Certification, But Approves Stringent Claim Process That Aids Defendants

At Class Certification Stage, Non-Expert Evidence Must Be Reliable, but Not Necessarily Admissible: As the Supreme Court explained 40 years ago in General Telephone Co. of Southwest v. Falcon, 457 U.S. 147, 161 (1982), district courts must undertake a "rigorous analysis" to ensure that the requirements for class certification under Rule 23 have been satisfied. This analysis may require the court to "probe behind the pleadings," while at other times, "the issues are plain enough from the pleadings." Id. at 160. The Supreme Court has more recently held that to prevail on a motion for class certification, the plaintiff must "satisfy through evidentiary proof at least one of the provisions of Rule 23(b)." Comcast Corp. v. Behrend, 569 U.S. 27, 33 (2013).