Jimenez v. Allstate Ins. Co., No. 12-56112 (9th Cir. 2014)
Annotate this CaseAllstate appealed the district court's grant of class certification to plaintiff and 800 other Allstate employees in California who alleged that Allstate has a practice or unofficial policy of requiring its claims adjusters to work unpaid off-the-clock overtime in violation of California law. The court concluded that the district court did not abuse its discretion determining that three common questions contained the "glue" necessary to say that "examination of all the class members' claims for relief will produce a common answer to the crucial question[s]" raised by the plaintiffs' complaint. Further, the district court did not abuse its discretion in entering the class certification order and did not violate Allstate's due process rights where the order preserved Allstate's opportunity to present individualized defenses to damages claims and the district court's approval of statistical sampling among class members to determine liability did not violate Allstate's due process rights. Accordingly, the court affirmed the judgment of the district court.
Court Description: Class Certification. The panel affirmed the district court’s grant of class certification to about 800 Allstate Insurance Company employees in California who alleged that Allstate had a practice or unofficial policy of requiring its claim adjusters to work unpaid off the-the-clock overtime in violation of California law. The panel held that the district court did not abuse its discretion in applying Fed. R. Civ. P. 23(a)(2)’s commonality requirement. The panel also held that the class certification order did not violate Allstate’s due process rights. Specifically, the panel held that the class certification order preserved Allstate’s opportunity to raise any individualized defenses at the damages phase, and that the district court’s approval of statistical modeling did not violate Allstate’s due process rights.
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