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Monday, January 15, 2018

ABM Industries Overtime Cases

In determining a witness' qualifications to serve as an expert, the determinative issue in each case must be whether the witness has sufficient skill or experience in the field so that his testimony would be likely to assist the jury in the search for the truth. Once this threshold has been met, questions regarding the degree of an expert's knowledge go more to the weight of the evidence presented than to its admissibility. In determining whether to grant class certification, a trial court abused its discretion in disregarding the plaintiffs' proffered expert evidence of common practice, rather than accepting it for what it was and weighing it against the existence of any individualized inquiries that might properly have defeated plaintiffs' request for class certification.

ABM Industries Overtime Cases - filed Dec. 11, 2017, publication ordered Jan. 10, 2018, First District, Div. Four
Cite as 2018 S.O.S. 180

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