Class action proceeded to trial on theory that plaintiff class members had been misclassified as managers and improperly denied overtime pay, trial court’s approach-—designating about eight percent of class members as a sample, limiting evidence of class members’ work habits to those relating to the sample, and extrapolating from that evidence to determine damages for entire class-—was prejudicially flawed because it prevented defendant from showing that some class members were exempt and entitled to no recovery. Trial plan that relies on statistical sampling must be developed with expert input, and must afford the defendant an opportunity to impeach the model or otherwise show its liability is reduced.
Duran v. U.S. Bank National Association - filed May 29, 2014
Cite as 2014 S.O.S. 2659
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