Certification Analysis

In Corona Regional Medical Center v. Sali, No. 18-1262 (May 3, 2019), the Supreme Court recently dismissed a petition for a writ of certiorari that would have resolved a circuit split as to whether expert testimony must be admissible to be considered at the class certification stage.  As a result, the Ninth Circuit remains one of only two circuits that have ruled workers are not required to submit admissible evidence to support a motion for class certification.  In contrast, the Second, Third, Fifth, and Seventh Circuits have all held that expert testimony must be admissible to be considered at the class certification stage.
Continue Reading Ninth Circuit Holds That Inadmissible Evidence Can Be Used to Support Employees’ Motions for Class Certification

Earlier this month, the Massachusetts Supreme Judicial Court settled a long-standing debate amongst opposing parties in wage-hour class actions regarding the standard for class certification.
Continue Reading Massachusetts Supreme Judicial Court Settles Debate Over the Class Certification Standard for State Law Wage and Hour Class Actions

California employers may be familiar with Wang v. Chinese Daily News, a wage-and-hour class action that has been in litigation for almost a decade. The latest decision in this case, a published opinion from the Ninth Circuit on March 4, 2013, offers a boost to defense counsel who face a class actions in this circuit.


Continue Reading Ninth Circuit Reconsiders Class Certification Under Dukes