General information

California Supreme Court Gives Employers and Businesses a Boost in Unanimous Decision
June 9, 2014

The liberal use of statistical sampling to prove liability and damages in class action law suits took a hit when the Supreme Court, by a 7-0 vote, overturned a decision in Duran v. U.S. Bank. In this employment misclassification case, the trial court had allowed plaintiffs to use evidence from a “sample” of 20 class members to determine liability and the amount of damages owed to the entire class. The Supreme Court ruled that any use of statistics to prove liability should be scrutinized and that the defendant’s right to mount individual defenses must not be abridged. See CBA’s Regulatory Compliance Bulletin for more information.