I hope everyone has a Happy Thanksgiving and that you're all planning to enjoy the long holiday weekend.
As a special Thanksgiving treat for those of us on the plaintiffs' side, take a look at Lubin v. The Wackenhut Corporation, ___ Cal.App.5th ___ (Nov. 21, 2016), handed down on Monday by the Second Appellate District, Division Four.
In Lubin, the trial court initially granted class certification of the meal period, rest break, and wage statement claims, but then decertified the classes after Dukes came down in 2011. Five years later, this opinion holds that the decertification was error on every level, heavily relying on Brinker and a number of post-Brinker opinions. The opinion also explains in detail why the trial court's reliance on Dukes was misplaced, and that the concerns raised in Dukes are inapplicable outside the context of Title VII cases, which involve unique statutory requirements.
In my 2012 article on Dukes, I cited the Wackenhut decertification order as an example of a misapplication of the Dukes "trial by formula" holding. "Dukes and Common Proof in California Class Actions," 21 Competition 9, 12 & n.26 (Summer 2012). It's very nice to see the Court of Appeal agree in a published opinion.
Congratulations to my good friends Emily Rich and Ted Franklin on their amazing win! I know they both worked incredibly hard on this appeal. You can tell by reading the opinion that the briefing was extremely thorough.