Co-authored by Sherry Skibbe and Andrew Paley

Allstate Insurance Company “insured” a major victory last week in an off the clock class action pending in Los Angeles Superior Court, vindicating employers’ argument that plaintiffs cannot simply intone the magical incantation of “statistical sampling” as a means of collective proof in a class action. Rather, plaintiffs must proffer a detailed and
Continue Reading Court Insures Allstate Against Unsound Trial Plan Mayhem

Authored by Michael W. Kopp

In a case that is certain to provide an important sequel to the Wal-Mart Stores, Inc. v. Dukes and Comcast Corp. v. Behrend decisions, the Supreme Court will hear argument next week on Tyson Foods Inc. v. Bouaphakeo, to address (1) the use of statistical averaging in class actions to prove liability and damages,
Continue Reading Another Watershed Moment for Class Actions? SCOTUS to Address Limits on Statistical Proof in Class and Collective Actions

Co-authored by Geoffrey Westbrook and Laura Maechtlen

With years in the making, the long-awaited decision of the California Supreme Court in Duran v. U.S. Bank has finally arrived and represents a significant victory for California employers. Duran is the first case to consider the now prevalent use of statistical evidence by class action plaintiffs to condense class certification briefing and/or
Continue Reading California Supreme Court Finds Plaintiffs’ Use of Statistical Evidence in Class Wage and Hour Litigation Doesn’t Add Up: Why California Employers Now Have a Higher Probability of Success After Duran v. U.S. Bank

Authored by Jim Harris

The California Supreme Court heard oral argument yesterday in Duran v. U.S. Bank, a case that gives the Justices the opportunity to answer broad questions about whether statistical evidence and or a sampling of testimony may ever be used to establish class liability in a misclassification/overtime case. (See here for our prior posting on
Continue Reading California Supreme Court Oral Argument in Duran v. U.S. Bank — Apparently (Sample) Size Matters:

bank image.JPGCo-authored by Andrew McNaught and Andrew Paley

On February 6, 2012 the California Court of Appeal, First District, issued its opinion in Duran, et al. v. U.S. Bank.  Readers may recall our posting following the oral argument in this matter.  In a matter of first impression, the Court of Appeal considered whether class action plaintiffs may use statistical sampling and


Continue Reading California Court of Appeal Follows Dukes And Rejects “Trial By Formula” In Class Action Trials