California Supreme Court Oral Argument in Duran v. U.S. Bank — Apparently (Sample) Size Matters:

The California Supreme Court heard oral argument yesterday in Duran v. U.S. Bank, a case that gives the Justices the opportunity to answer broad questions about whether statistical evidence and or a sampling of testimony may ever be used to establish class liability in a misclassification/overtime case. (See here for our prior posting on the California Court of Appeals’ decision)  Based on the oral argument, it appears as if a clear majority of the Court is prepared to overturn the class liability verdict and decertify the class, but without issuing a ruling that would resolve the most important legal issues in sweeping fashion. 

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