United States Ninth Circuit

In this class action brought by hundreds of defendant's California employees alleging that defendant had a practice or unofficial policy of requiring its claim adjusters to work unpaid off-the-clock overtime, grant of class certification is affirmed, where: 1) the district court did not abuse its discretion in applying Fed. R. Civ. P. 23(a)(2)'s commonality requirement; and 2) the class certification order preserved defendant's opportunity to raise any individualized defenses at the damages phase, and approval of statistical modeling did not violate defendant's due process rights.

Appellate Information

• Decided 09/03/2014
• Published 09/03/2014

Judges

• Gould

Court

• United States Ninth Circuit

Counsel