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Labor/Employment,
California Supreme Court

Jun. 5, 2014

Guidance on statistics in class actions

The decision in Duran v. U.S. Bank provided guidance regarding the use of statistical or representative evidence in employment class actions.

Enzo Der Boghossian

Email: enzoderbo@gmail.com

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Laura Reathaford

Partner
Lathrop GPM LLP

Phone: (310) 789-4648

Email: Laura.Reathaford@LathropGPM.com

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Last week, the state Supreme Court issued its decision in Duran v. U.S. Bank, 2014 DJDAR 6773 (May 29, 2014), which provides additional guidance regarding the use of statistical or representative evidence in employment class actions, the standards applicable thereto, and whether evidence such as declarations or witness testimony outside of a defined sampling group should be considered. In addition, the court clarified that plaintiffs must present viable trial plans at the class ce...

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