The district court abused its discretion in denying class certification of a claim that defendant violated California labor laws by requiring employees to remain on premises during rest breaks. The evidence showed that defendant enforced that policy consistently across all its employees, making the claim suitable for class certification. However, the district court did not abuse its discretion in denying… Read More
The district court did not abuse its discretion in certifying two California and one national classes in a suit by detained immigrants against the private company that ran the detention centers. The defendant's written corporate policies required inmates to work, cleaning bathrooms and other public areas under threat of discipline, and the defendant had a policy of misclassifying inmates as… Read More
The district court abused its discretion in denying class certification on the ground of lack of numerosity in this Title IX case charging unequal sports programs for females in Hawaii state schools. The absolute size of the class--300 currently enrolled students--satisfied numerosity, as the plaintiff's claims challenged the state's overall treatment of female athletes, necessarily affecting all 300 female athletes. … Read More
Distinguishing Microsoft Corp. v. Baker (2017) 137 S.Ct. 1702, Langere v. Verizon Wireless Services, LLC (9th Cir. 2020) 983 F.3d 1115, and Sperring v. LLR, Inc. (9th Cir. 2021) 995 F.3d 680, which involved voluntary dismissals in order to appeal from class certification orders or orders compelling arbitration, as to which Rule 23(f) or 9 USC 16 prescribe different appellate… Read More
Statistical evidence is admissible to establish predominance under FRCivP 23(b)(3) if that evidence would be admissible in an individual action on the same claim, the statistical evidence is linked to the plaintiffs' theory of liability and the use of averaging assumptions does not conceal the variations that otherwise would defeat class certification. Here, plaintiffs' statistical evidence satisfied those three tests. … Read More
The district court did not abuse its discretion in denying class certification in this case involving the valuation of totaled cars. While defendants might have uniformly violated a Washington state insurance regulation requiring itemization of deductions in calculating the car's value, there was no private right of action under the regulation. Plaintiffs sued for breach of contract and unfair trade… Read More
The trial court did not abuse its discretion in denying class certification in this wage and hour case. Insofar as plaintiff claimed that the employer's rounding of hours worked was illegal, the trial court properly found that noncommon issues predominated because it had no single rounding policy but left matters up to managers at its different locations. Plaintiff's theory that… Read More
A volunteer working for a charitable organization without the expectation of payment for his work is not an employee for purposes of state wage and hour laws. The trial court did not abuse its discretion in denying certification of an alleged class of all workers for the defendant charity who did not receive pay for their work. There was a… Read More
Following Mazza v. American Honda Motor Co., Inc. (9th Cir. 2012) 666 F.3d 581, this decision holds that the district court erred in certifying a nationwide class of end purchasers of computer equipment containing Qualcomm chips under Rule 23(b)(3). To determine the law applicable to the class' antitrust claims, the court must apply California's governmental interest analysis. Here, the only… Read More
