The legal press is covering Duran. Here's an excerpt from the article by Marisa Kendall in The Recorder:
The California Supreme Court tossed a $15 million overtime award to bank employees Thursday because of a faulty statistical sample, but justices were careful not to toss at-large reliance on statistics in wage-and-hour class actions.
Kimberly Kralowec, who filed an amicus brief in the case on behalf of the California Employment Lawyers Association, said the court shot down U.S. Bank's claim that it should have a right to call every class member individually to the stand. "Essentially they were arguing you never get to have a class action," she said.
[Plaintiffs' counsel Ed] Wynne called Thursday's opinion more favorable than the original court of appeal decision, which had dismissed the case permanently. Corrigan's opinion instead remands the case for fresh class certification proceedings and a new trial.
"We're really pleased," Wynne said. "While it's regrettable that the judgment wasn't upheld and the case was decertified, the court has given us valuable guidance for getting the case recertified." Wynne hasn't ruled out using a statistical model in round two of litigation.
"We're going to get the case certified again," he said. "I see no reason not to use statistical modeling again."