Duran v. U.S. Bank
In this class action resulting in a $15 million judgment for banking officers who claimed they were misclassified as exempt employees, Public Justice joined in an amici brief to the California Supreme Court arguing that defendants do not have a due process right to litigate each class member’s claim individually. The California Supreme Court granted review of a court of appeals decision reversing the judgment and decertifying the class. The appeals court had found that the trial court’s particular use of representative sampling “exceeded acceptable due process parameters,” and suggested that no trial plan short of mini-trials for every class member could ever meet due process requirements.
Jocelyn Larkin, Della Barnett and Michael Caesar of the Impact Fund drafted the brief, with input from Public Justice’s Victoria Ni, on behalf of nine public interest organizations.