June 17, 2008

Defense Victory: Court of Appeals Affirms Innovative Class De-Certification Strategy

The California Court of Appeals affirmed an innovative defense strategy Call & Jensen utilized to defeat class certification in an overtime case. In a lawsuit against BCBG women’s clothing boutiques, Call & Jensen gathered extensive evidence to defeat class certification by proving that BCBG managers’ work varies significantly from store to store and manager to manager. 

Rather than wait for the Plaintiffs to move for class certification, C&J successfully argued that the court could rule against class certification based on BCBG’s defense motion and the evidence gathered by C&J. The court granted BCBG’s motion and struck all the class action allegations from the complaint.

For more information contact Julie Trotter at jtrotter@calljensen.com