by Robert A. Jones and Carolyn B. Hall, Esqs., Ogletree Deakins, San Francisco
A recent 9th Circuit Court of Appeals decision likely will make it easier for employees and their lawyers to get class-action certification in employment cases. The case—Stockwell v. City & County of San Francisco (No. 12-15070, 9th Cir., 2014)—appears to dilute the U.S. Supreme Court’s 2011 decision in Wal-Mart Stores, Inc. v. Dukes, which had been widely expected to eliminate many potential class actions based on lack of common claims among proposed class members.
In Stockwell, an age discrimination class action, the 9th Circuit found that the district court went too far in looking at the merits of individual claims and reversed the district court’s denial of class certification.
The ruling will make it more difficult to defeat workplace class actions based on lack of commonality.
Going forward, if there is one common question with one possible ...(register to read more)