In its recent decision in Duran vs. U.S. Bank (Samuel Duran, v. U.S. Bank National Association. Super. Ct. No. 2001-35537), the California Supreme Court affirmed the Court of Appeal's ruling and remanded a new trial on liability and damages in this misclassification suit. While certainly a victory for the defendant, the ruling is also a victory for the rigorous application of scientific methods for statistical sampling.

This guest post from Law360, by NERA Vice President Sarah Butler, reviews the criticisms of the sample in the Duran matter and evaluates what steps the Supreme Court thought should have been taken. The decision provides insight not only as to the specific sampling issues that could occur in a misclassification case, but also the ways in which scientifically reliable sampling may be useful in labor and employment cases.

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