Class Certification Denied in Wang v. Chinese Daily News

03.07.2013
Nossaman eAlert

In Wang v. Chinese Daily News, the Ninth Circuit reversed the class certification it had previously affirmed and remanded the matter for further consideration of Rule 23(a) commonality and Rule 23(b)(3) predominance.  Notably, the Ninth Circuit applied the 2011 United States Supreme Court decision in Dukes v. Wal-Mart and held that Wal-Mart‘s prohibition on trial by formula was not intended to apply solely to discrimination cases but also to wage-hour cases:  employers are entitled to individualized determinations of each employee’s eligibility’ for monetary relief. 

Consequently, Wang should make it significantly more difficult for plaintiffs in wage-and-hour class actions to establish the ‘predominance’ requirement under Rule 23(b)(3) and obtain class certification.

Twitter Facebook LinkedIn PDF

Related Practices

Jump to Page

We use cookies on this website to improve functionality, enhance performance, analyze website traffic and to enable social media features. To learn more, please see our Privacy Policy and our Terms & Conditions for additional detail.