trial by formula

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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