At the decertification stage, courts generally have conducted a closer examination of theevidence and, as a result, defendants historically have enjoyed an equal if not higherrate of success on these second-stage motions as compared to plaintiffs.Again, 2022 was no exception. Of the 18 rulings that courts issued on motions fordecertification of collective actions, 9 rulings favored defendants, for a success rate of50%.Such a rate again is in line with the historic rate of success that defendants haveachieved at the decertification stage.DM39529965.113© Duane Morris LLP 2023Wage & Hour Class And Collective Action Review – 2023
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