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Tag Archives: Trial by Formula

California Trial Court Rejects “Trial by Formula” Approach to False-Advertising Class Action and Sets Aside Verdict

Posted in Class Certification, Motions Practice

In state courts, sometimes you lose even when you win. In a recent false-advertising class action, a California Superior Court entered an order concluding that the testimony of the plaintiffs’ expert—who was the linchpin of the case for class certification and on the merits—was inadmissible, which meant that the defendant was entitled to judgment as… Continue Reading

Federal District Court Says That Plaintiffs Bringing Representative Claims Under California’s Private Attorney General Act Don’t Have To Seek Class Certification

Posted in Class Certification, Employment

The California Supreme Court held in Arias v. Superior Court that a plaintiff may bring a representative action on behalf of himself and other employees to recover civil penalties under California’s Private Attorney General Act (“PAGA”) without meeting California’s class-certification requirements. The court reasoned that, unlike a class action, where the plaintiff is suing on behalf… Continue Reading

How Much Discovery From Opt-Ins in FLSA Collective Actions Should Businesses Seek?

Posted in Class Certification, Employment, Motions Practice

A recent federal court decision has addressed the knotty issue of a defendant’s right to discovery in an FLSA collective action from the individuals who opt into the class after it is conditionally certified but before the court decides whether to grant final certification. The case, Scott v. Bimbo Bakeries, USA, Inc. (pdf), No. 10-3154 (E.D…. Continue Reading