Jiminez v. Allstate Ins. Co., 765 F.3d 1161 (9th Cir. 2014)
Jack Jiminez and approximately 800 other Allstate employees claimed 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 district court certified the class with respect to the unpaid overtime, timely payment and unfair competition claims. The lower court held that the common question of whether Allstate had an “unofficial policy” of denying overtime payments while requiring overtime work predominated over any individualized issues regarding the specific amount of damages a particular class member might be able to prove. The United States Court of Appeals for the Ninth Circuit affirmed certification, holding that the common questions identified by the district court contained the “glue” necessary to say that “examination of all the class members’ claims for relief will produce a common answer to the crucial questions” raised in the complaint. The Court rejected Allstate’s contention that it had been denied its due process rights by plaintiffs’ use of statistical sampling, holding that the district court had accepted a form of statistical analysis that is capable of leading to a fair determination of Allstate’s liability and that preserved the rights of Allstate to present its damages defenses on an individual basis.