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Tag Archives: Cal. Ct. App.

California Court Says No Need To Resolve Disputes Over Substantive Law In Evaluating Whether Class Can Be Certified

Posted in Class Certification, Commonality, Employment, Predominance

Suppose that you’re a trial court considering a motion for class certification.  And suppose that the parties present you with two competing statutory interpretations.  One legal standard permits the case to be adjudicated with common evidence.  And the other standard would require  individualized inquiries.  What should you do?  Should you decide what the law is… Continue Reading

Another California Court Does Backflips to Thwart Arbitration and Elevate The Class-Action Device

Posted in Arbitration

The hostility of some California courts to arbitration—and their resistance to preemption under the Federal Arbitration Act (FAA)—has produced nearly three decades of U.S. Supreme Court reversals. The most recent is AT&T Mobility LLC v. Concepcion, which held that the FAA preempted the Discover Bank rule, under which the California Supreme Court had blocked enforcement… Continue Reading

Brinker’s Impact on Certification of Meal-Break Class Actions in California

Posted in Class Certification, Employment, Predominance

Class actions alleging that employers’ meal-break policies violate California law have long been a favorite of the plaintiffs’ bar.  Earlier this year, however, the California Supreme Court handed employers a victory in Brinker Restaurant Corp v. Superior Court, 53 Cal. 4th 1004 (Cal. 2012), holding that the obligation under the California Labor Code to provide… Continue Reading