Proposed California Legislation Clarifying Class Actions Dies
It appears that the proposed bill regarding changes to California's class action procedures - ABX8 38, discussed in our March 11, 2010 posting - "died at the desk" and is now inactive. It is possible the bill became inactive because it was not deemed sufficiently related to pressing urgent and fiscal considerations facing the state. However, it is at least encouraging to know that such proposed legislation is being contemplated, which suggests that at least some concerned members of our legislature recognize that the lack of clarity and predictability in class actions could use another look. Until such legislation is actually passed, however, the status quo remains incredibly difficult for employers to navigate and the question of whether a class will be certified remains an unpredictable gamble.