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Appellate Practice

Dec. 9, 2016

Weekly Appellate Report #30

Justice Nora Manella chats life, law, and best appellate practices; Lisa Von Eschen (Lamb and Kawakami) on why the permissibility of class action statistical sampling needs clarity after Lubin v. Wackenhut


This week's show features wisdom from the California appellate bench, and insight on how a recent Second District ruling circumscribes the reach of SCOTUS' major decision in Wal-Mart v. Dukes, regarding statistical sampling in class action suits.

First, Cal. Court of Appeal Associate Justice Nora Manella will visit the podcast to discuss a range of topics, from her time as the Central District's U.S. Attorney, to her years on both the federal and state benches. She'll describe, from her vantage point, what approaches the most effective appellate counselors share, as well as common pitfalls met by the same.

Then, Lisa Von Eschen, a partner with Lamb and Kawakami, will join the show to chat about Lubin v. Wackenhut, a recent Second Appellate District ruling vindicating the use of statistical sampling in an employment class action brought by California security guards. The trial court there had decertified the class after the U.S. Supreme Court disallowed such sampling in Wal-Mart v. Dukes, though under somewhat different circumstances. Ms. Von Eschen will discuss why the appellate panel felt neither Dukes nor another recent California Supreme Court decision did not preclude statistical sampling in this case, and why the practice could use some clarification from the state high court.

Don't forget CLE credit is available for podcast listeners; find a short true/false test below to receive one hour of credit.

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