Certification

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