Bailey Class Action Daily

First District Holds That Trial Court Erred In Using Sampling Evidence To Establish Class-Wide Liability: Duran v. United States Bank National Association

Published on 2012-02-07 16:40:00

On February 6, 2012, the First District Court of Appeal (Division 1) reversed a $15 million wage judgment in Duran v. United States Bank Nat’l Ass’n, __ Cal. App. 4th __ (2012), based on the Court’s finding that trial court erred in relying upon representative sampling evidence to find class-wide liability: The plaintiffs in the class action are 260 current and former business banking officers (BBO's) who claimed they were misclassified by USB as outside sales personnel exempt from Califor

First District Dismisses Appeal Challenging Trial Court’s Refusal to Compel Arbitration of “Individual” PAGA Claims: Reyes v. Macy’s, Inc.

Published on 2012-01-20 13:44:00

On January 19, 2012, the First District (Division 3) published its opinion in Reyes v. Macy’s, Inc., __ Cal.App.4th __ (2012), which dismissed Macy’s appeal “from an order granting Macy’s motion to compel arbitration of plaintiff’s individual claims but denying the request to dismiss class allegations and plaintiff’s claim under the Labor Code Private Attorneys General Act of 2004 (PAGA)….” See Slip Opinion, at 1. As reasoned by the Court, the trial court's ruling on Macy's motio

Second District Creates Division in Authority on Whether Denial of Certification May Have Collateral Estoppel Effect: Bridgeford v. Pacific Health Corp.

Published on 2012-01-18 15:40:00

On January 18, 2012, the Second District (Division Three) issued an opinion “holding that the unnamed putative members of a class that was never certified cannot be bound by collateral estoppel.” See Bridgeford v. Pacific Health Corp., __ Cal.App.4th __ (2012).  The Court’s opinion adopts the U.S. Supreme Court’s analysis in Smith v. Bayer Corporation, 131 S.Ct. 2368 (2011), which I discussed previously in a post found here.  As the Bridgeford Court’s opinion acknowledge