Senior Attorney Douglas Plazak Offers Insight to Insurance Industry in Trade Publication

July 24, 2012

Douglas A. Plazak, a Senior Attorney with Reid & Hellyer, was quoted by Business Insurance, a trade publication for the insurance industry.

The article, entitled "Ruling seen limiting class actions in California and elsewhere," discussed the impacts of a the recent California Court of Appeal decision in Sam Duran et al. vs. U.S. Bank National Assn., which dismissed a class action wage-and-hour lawsuit. The case will ultimately be decided by the California Supreme Court.

The California case relied in part on the June 2011 U.S. Supreme Court decision in Wal-Mart Stores Inc. v. Betty Dukes. which found statistical evidence supported by affidavits from a hand full of employees unpersuasive to support class certification.

The article opines that the California case may lead to a decline in wage-and-hour suits, as the court denied class certification for "260 current and former business banking officers who allege[d] they were misclassified by U.S. Bank as outside sales personnel exempt from California's overtime laws."

Attorney Doug Plazak, Labor & Employment Lawyer, Riverside and Orange CountyProviding comment from experienced attorneys in employment law, the article continues:

Douglas A. Plazak, a senior attorney with Reid & Hellyer A.P.C. in Riverside, Calif. said he was “thrilled” the “court finally corrected what I believe was the trial court's violation of the due process rights of the defendant, USB, and certainly has cast grave doubt on the ability of plaintiffs to use statistical sampling to demonstrate liability which is, from a constitutional perspective, a very questionable way to prove liability against a defendant.”

The ruling will “definitely severely curtail employee class action lawsuits” in California and also could be influential elsewhere “because it could show other courts for practical standpoint how they should apply Dukes vs. Wal-Mart in their states as well,” Mr. Plazak said.

Previously, Mr. Plazak blogged about the case on the California Litigation Attorney Blog.

Douglas A. Plazak is a Senior Attorney with Reid & Hellyer, APC in Riverside and Orange County, where his practices include California employment litigation exclusively on behalf of employers.

Headquartered in Riverside, Calif., Reid & Hellyer has been serving the Inland Empire for more than 100 years as one of the most-respected full-service law firms in Southern California, providing legal services in business and real estate litigation, real estate development, transactional law, media law, bankruptcy and mediation. Reid & Hellyer serves individual and business clients of national, regional and local prominence.

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