Yesterday, the Supreme Court scheduled oral argument for March 4, 2014 at 9:00 a.m. in Duran v. U.S. Bank National Association, no. S200923. The argument will take place in San Francisco.
This argument setting is lightning-speed compared to many other cases, including Brinker. Review was granted in Duran in May 2012, and the case will be argued, and perhaps decided, less than two years later.
Links to the merits and amicus briefs are available here. This is the issue on review, according to the docket:
This case presents issues concerning the certification of class actions in wage and hour misclassification litigation and the use of representative testimony and statistical evidence at trial of such a class action.
The underlying action is for employee misclassification. The Court of Appeal (First Appellate District, Division One) reversed both class certification and the judgment. See Duran v. U.S. Bank National Ass'n., 203 Cal.App.4th 212 (2012) (discussed in this blog post).
I am looking forward to this argument and hope to be able to attend in March.
Comments