A Green Light For Repetitive Class Action Litigation
February 10, 2012, 1:37 PM EST
Law360, New York (February 10, 2012, 1:37 PM EST) -- Most employers assume that if they successfully defeat a plaintiff’s motion for class certification in a wage and hour class action, the same class claims cannot be raised again in another case. On Jan. 18, 2012, however, the California court of appeal in Bridgeford v. Pacific Health Corp. dashed that commonly held assumption.
In Bridgeford, the court held that “under California law, ... the denial of class certification cannot establish collateral estoppel [i.e., issue preclusion] against unnamed putative class members on any issue because unnamed putative...