DURAN V. U.S. BANK

Issue: Class Action Standards
Court: Supreme Court of California

Case Summary: 
Petition for review after the Court of Appeal reversed the judgment in a civil action. This case presents issues concerning the certification of class actions in wage and hour misclassification litigation and the use of representative testimony and statistical evidence at trial of such a class action.

RLC's Position: 
The RLC joined another association in asking the Supreme Court of California to affirm that the use of the type of “trial by formula” statistical sampling that was rejected by the U.S. Supreme Court in Wal-Mart v. Dukes undermines the due process rights of the defendant to defend individual claims of liability by class members.

Case Outcome: 
The Court unanimously affirmed the Court of Appeal's judgment in its entirety finding that the statistical sampling used by the trial court to certify a class was flawed.

Procedural History and Case Documents:

• Petition for review filed March 2012
• Case argued March 2014
• Duran v. U.S. Bank Decision issued May 2014

Please use the DOWNLOAD button below to access the RLC's Brief.