California Supreme Court; class certification; misclassification; statistical sampling; trial by formula; FLSA; collective action

Co-authored by Jacob Oslick and Noah Finkel

Mark Twain famously said that “there are lies, damn lies, and statistics.”  A recent decision by the California Supreme Court provides a good example of why.  In Duran v. U.S. Bank, N.A., the Court put the kibosh on a trial court’s decision — in a wage-and-hour class action — to impose a
Continue Reading Sampling Duran: The California Supreme Court’s Smack Down Of A Biased Sampling Scheme Isn’t Limited To California