Michael Kun Quoted in Article, “Citing Dukes, Court Overturns Class Certification in Wage and Hour Dispute”

Inside Counsel

Michael Kun, a Member of the Firm in the Labor and Employment practice and national Co-Chairperson of the firm's Wage and Hour, Individual and Collective Actions practice group, in the Los Angeles office, was quoted in an article titled "Citing Dukes, Court Overturns Class Certification in Wage and Hour Dispute."

Following is an excerpt:

In Wang v. Chinese Daily News, the 9th Circuit overturned the class certification of a wage and hour dispute. ?...

Michael Kun compares Wang to a pingpong ball, as it has bounced between courts for nearly a decade. ?...

"In remanding Wang, the 9th Circuit essentially said, 'If you are going to certify a class here, it has to be done in a way other than trial by formula,'" Kun says. "In a wage and hour case, it's going to be very difficult for plaintiffs to come up with a trial plan where damages can be calculated in a way other than through some formula." ?...

"My expectation is that the district court will now issue a new opinion, and whether it grants or denies certification, that decision will be taken up to the 9th Circuit. That decision may end up back on the Supreme Court's lap, particularly in light of the fact that there is this other case out there where the court declined to apply Dukes." ?...

"So an argument can be made that there's a split in the circuits as to whether Dukes applies," Kun says. "One way or another, this issue may well end up in front of the Supreme Court."