Jimenez v. Allstate Ins. Co., No. 12-56112 (9th Cir. 2014)Annotate this Case
Allstate 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.