California, United States of America
The following excerpt is from Duran v. U.S. Bank Nat'l Ass'n, A125557 & A126827 (Cal. App. 2012):
73.In another case from the same district, the court granted a motion to decertify an employment class action that, in part, sought overtime compensation for a subclass of managers. (Weigele v. FedEx Ground Package System, Inc. (S.D.Cal. 2010) 267 F.R.D. 614, 617.) The plaintiffs proposed to determine liability by use of random sampling of subclass members whose testimony would be extrapolated to the entire subclass of managers. (Id. at p. 624.) The court noted: "The major problem with this proposal is that it would likely require a large number of testifying witnesses and no clear or easy manner of determining liability." (Ibid.) The court also noted that the plaintiffs could call fewer witnesses using a reduced level of confidence; however, "as the level of confidence decreases, it becomes increasingly problematic to rely on the results of sampling to extrapolate to the whole class." (Ibid.) The court concluded that logistical difficulties and uncertain class treatment was not a superior method of resolving the litigation. (Id. at p. 625.)
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.