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Trial of Class Actions With Statistical Evidence: California Court of Appeal Follows Wal-Mart v. Dukes In Rejecting “Trial By Formula”

Issues regarding the use of statistical evidence at trial of a class action were recently addressed by the California Court of Appeal, First Appellate District, in Duran v. U.S. Bank Nat’l Ass’n, 2012 Cal. App. LEXIS 107 (Cal. Ct. App. Feb. 6, 2012).  The court concludes that the trial of an employment class action (seeking … Continue Reading

Insights from the ABA 2011 National Institute on Class Actions – Part 3

Here is the third and final installment of my insights from the recent ABA conference.   Class Action Trials:  There was a very interesting panel discussion on class action trials with some lawyers and a judge who have tried class actions.  The panel included Andrew McGuiness, Judge Weinstein of the Eastern District of New York, James … Continue Reading

Trial of an Insurance Class Action Involving PIP Coverage: Oregon Supreme Court Opinion Teaches Lessons

Class action trials are so rare that there is little guidance in court opinions on how these cases should be tried, other than hypothetical discussions in class certification decisions regarding how trials might be conducted.  In Strawn v. Farmers Insurance Company of Oregon, recently reported in Legal Newsline and the Soha & Lang Coverage Blawg, … Continue Reading