California Supreme Court Finds Plaintiffs’ Use of Statistical Evidence in Class Wage and Hour Litigation Doesn’t Add Up: Why California Employers Now Have a Higher Probability of Success After Duran v. U.S. Bank

With years in the making, the long-awaited decision of the California Supreme Court in Duran v. U.S. Bank has finally arrived and represents a significant victory for California employers. Duran is the first case to consider the now prevalent use of statistical evidence by class action plaintiffs to condense class certification briefing and/or trials, avoid issues of proof with individual class members, and establish class-wide liability using often one-sided and route arithmetic. In a unanimous decision, the Supreme Court imposed new restrictions on such tactics and reaffirmed the rights of employers facing class action lawsuits. Here are a few highlights from the Court’s decision:

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