Calif. Court's Take On Class Sampling May Stifle OT Actions

Law360, New York (June 7, 2012, 8:32 PM EDT) -- A U.S. Bank NA overtime case before the California Supreme Court could clarify and perhaps limit workers' use of statistical samples to establish classwide liability, potentially making it harder to bring wage-and-hour class actions in the state, attorneys say.

In a 7-0 vote on May 16, California's highest court granted plaintiffs Matt Fitzsimmons and Sam Duran's petition for review, a little more than four months after an intermediate appeals court struck down a $15 million judgment against the bank and called the trial plan used by...
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