In its recent decision in Duran vs. U.S. Bank
(Samuel Duran, et.al. 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.
To view the full article please click here.
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