New Ruling In The San Francisco Police Officers Case Dilutes Wal-Mart’s Impact On Class Certification Motions

On April 24, the U.S. Court of Appeals for the Ninth Circuit in Stockwell v. City & Cnty. of San Francisco, Case No. 12-15070 (9th Cir.  April 24, 2014), overturned an order denying class certification of age discrimination claims filed by a group of police officers against the City and County of San Francisco. Relying heavily on Amgen Inc. v. Conn. Ret. Plans & Trust Funds, 133 S. Ct. 1184, 1194–95 (2013) — a securities fraud case — the Ninth Circuit held that the district court erred in denying class certification by disregarding the existence of a common question by focusing, among other issues, alleged flaws in a statistical study underpinning the plaintiffs’ theory of disparate impact.

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