U.S. Court of Appeals for the Ninth Circuit

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May 11, 2010

Wal-Mart agreed to settle the class action lawsuit.

U.S. Chamber files amicus brief on judicial review of evidence supporting class certifications

September 11, 2008

NCLC urged the Ninth Circuit to reverse a district court order granting class certification because the district court failed to appropriately scrutinize the plaintiff’s expert testimony in support of certification. In this case, plaintiffs seek to certify a class of former employees who were allegedly willfully deprived of vacation pay. NCLC argued that the district court should not have relied on the plaintiff’s expert testimony that the proposed class would satisfy the 23(b) predominance requirement for certification. According to NCLC, scientific evidence that is unreliable under Daubert would be inadmissible in federal courts, and unreliable and inadmissible evidence should not be used to make judicial decisions.

Amicus brief filed 9/11/08. Oral argument held 10/8/09. Supplemental brief filed 12/22/09. Motion to settle filed 5/11/10.

Case Documents