Michael Kun, a Member of the Firm in the Labor and Employment practice, in the firm’s Los Angeles office, was quoted in an article titled, “Medical Dispatchers Stay Certified in Calif. OT Row.”
Following is an excerpt:
A California judge on Wednesday refused to reconsider his decision granting class certification to more than 300 medical dispatchers who allege American Medical Response Inc. and its Southern California branch shorted their wages, saying the plaintiffs’ lack of a specific trial plan isn’t enough to invalidate certification.
During Wednesday’s hearing, Michael S. Kun, representing nationwide emergency response provider AMR, argued that the dispatchers class should not have been certified in light of the California Supreme Court’s May ruling in Duran v. U.S. Bank N.A., which decertified a class and overturned a $15 million trial court win based on a trial plan the state’s high court dubbed a “miscarriage of justice.”
Kun said that plaintiffs had failed to establish how liability would be determined, had said no more statistical sampling would be used, and for damages had only proposed that an as-yet unnamed expert would testify based on a poll of class members, and that this lack of a trial plan requires reconsideration of the certification order in light of Duran.
“They’ve asked you to accept their assurances that sometime later they’ll figure it out … We’ll figure this out later, after you certify the class,” he said. “They’re seeking to have testimony from each of the class members. That’s not a class action; that’s a 300-plaintiff lawsuit.”