U.S. Court of Appeals for the Ninth Circuit

Case Status


Docket Number

Oral Argument Date

June 12, 2017


Case Updates

Ninth Circuit denies petition for panel rehearing and rehearing en banc

October 17, 2017

Ninth Circuit affirms class certification

September 01, 2017

Click here to view the unpublished decision.

U.S. Chamber urges Ninth Circuit to reverse class certification in Rule 23(f) proceeding

July 14, 2016

The U.S. Chamber, along with the Retail Litigation Center, Inc., filed an amicus brief in a Rule 23(f) appeal before the Ninth Circuit urging reversal of class certification in a case brought by employees alleging fraud as to their recruitment based on the existence of recruitment “scripts.” Given the leap between scripts and individual recruitment conversations, the brief explained how the district court’s finding of predominance and superiority in this case is inconsistent with the rigorous analysis required by Rule 23 at the class certification stage, as well as defendant’s due process right to raise individualized defenses.

Catalina J. Vergara of O’Melveny & Myers LLP served as counsel for the U.S. Chamber of Commerce on behalf of the U.S. Chamber Litigation Center in this case.

Case Documents