Tag Archives: statistical evidence

Seventh Circuit Rejects Class Trial By [Un]Representative Sample

Photo of Rodger EckelberryBy Rodger Eckelberry on Posted in Class Certification, Commonality, Rule 23 Requirements
In Espenscheid v. DirectSat USA, LLC, Case No. 12-1943 (7th Cir. Feb. 4, 2013), in a combined collective/class action asserting claims under the Fair Labor Standards Act and state law, three satellite installation technicians sought to represent 2,341 technicians on claims their employer’s “piece-rate” pay structure violated federal and state wage laws by failing to … Continue Reading

Supreme Court’s Wal-Mart Decision Holds Title VII Class Not Certifiable for Lack of Commonality and Rejects Rule 23(b)(2) Certification

By Matthew J. Moody on Posted in Rule 23 Requirements
In Wal-Mart Stores, Inc. v. Dukes, 564 U.S. __, 131 S.Ct. 2541, 180 L.Ed.2d 374 (2011), the Supreme Court held that a Title VII discrimination claim could not be determined on a casewide basis where employment decisions were made locally with no corporate direction. The Court also determined that claims for backpay could not certified … Continue Reading
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