Recently, a three-judge panel of the Ninth Circuit Court of Appeals overruled a trial court ruling that denied certification of an employment class action lawsuit because the supporting evidence presented by the plaintiffs would not have been admissible in a trial.
In reversing the trial court in Sali v. Corona Regional Medical Center, the panel disregarded principles established by the U.S. Supreme Court for certifying a class action as well as rulings on point by a majority of the other federal appeals courts that have addressed the issue.
On November 1, 2018, the full Ninth Circuit summarily denied without explanation a request to rehear the panel’s ruling, prompting a published 15-page dissent from five of the court’s judges, who contended, “The panel’s decision in this case involves a question of exceptional importance and is plainly wrong. It goes against our own binding precedent, the law of four other circuits, and the Supreme Court’s clear guidance on this issue.”
Members of the Center for Workplace Compliance (CWC) can read more here.