Duran v. U.S. Bank Nat’l Ass’nAnnotate this Case
Loan officers for U.S. Bank National Association (USB) sued USB for unpaid overtime, asserting that they made been misclassified as exempt employees under the outside salesperson exemption. The trial court certified a class of plaintiffs and then determined the extent of USB’s liability to all class members by extrapolating from a random sample. The jury returned a verdict of approximately $15 million, resulting in an average recovery of more than $57,000 per person. The court of appeal reversed the trial court’s judgment and ordered the class decertified. The Supreme Court affirmed the court of appeal’s judgment in its entirety, holding that the trial court’s particular approach to sampling in this case was profoundly flawed and prevented USB from showing that some class members were entitled to no recovery. Remanded for a new retrial on both liability and restitution.