Tyson Foods v. Bouaphakeo

This past Supreme Court Term included several closely-watched cases.  One of the most studied was Tyson Foods v. Bouaphakeo, in which the Court identified at least one area of class action litigation where using statistical evidence instead of plaintiff-specific evidence might be allowed when determining class certification.

Since the Court issued its opinion, defendants have–as one would expect–worked hard to limit the Court’s holding to its specific facts.  (Not necessarily a difficult task, since the Court itself tied its result closely to the statute underlying the Tyson Foods plaintiffs’ claims.)  And, of course, plaintiffs and plaintiff-specific scholars have worked … Continue Reading

Ah, class decertification in district court…the rarely glimpsed, late-harvest victory that comparatively few class action defense counsel can claim to have tasted. U.S. District Judge Charles Breyer of the Northern District of California recently delivered one such victory for the 2016 vintage, decertifying a plaintiff class he originally certified in 2012 in a wage-and-hour litigation against auto parts retailer AutoZone, Inc.  In the course of reaching that decision, Judge Breyer’s 49-page order also offers further insights into how the Supreme Court’s decisions in Tyson Foods v. Bouaphakeo, Comcast Corp. v. Behrend, and Wal-Mart Stores, Inc. v. Dukes are … Continue Reading