Cases & Deals

Global media and technology company has decertification of state wide class action affirmed by California Court of Appeal

Clients Global media and technology company

On August 28, 2014 the California Court of Appeal of the First Appellate District affirmed the decertification of a California-wide putative wage and hour class action in favor of Jones Day's client, a global media and technology company. The Court affirmed a ruling by the Superior Court of Contra Costa decertifying a California class of communication technicians in a case alleging meal and rest period, off the clock and wage and record keeping violations. The Court held that the global media and technology company policy was in full compliance with California law and that there was no common evidence of variations from those policies. It further held that the record developed in the trial court fully supported the trial court decision to decertify a class that had been certified on a theory that the putative class could not ultimately prove.

Subsequently, Jones Day was retained to represent Comcast in 20 multiplaintiff lawsuits venued state-wide, covering approximately 200 plaintiffs which were filed as follow-on cases of the Fayerweather lawsuit. In many of the cases, Comcast has prevailed on motions to strike key portions of the Complaints related to tolling, statute of limitations and collateral estoppels arguments. Comcast was able to removed 19 of those cases to 3 federal district courts and have 18 of them venued before a single judge in the Northern District of California. In the first cases to come before the courts, defense summary judgements were granted on a large majority of the claims and to date almost half of the 200 plaintiffs have had their cases dismissed, withdrawn or resolved with a small number of nominal settlements.

Gabriel Fayerweather et al. v. Comcast Corporation, Case No. MSC-08-01470 (Super. Ct. Contra Costa Cty.); Case No. A137872 (Cal. App., August 28, 2014)

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