Another Decertification Motion Based On Dukes Has Mixed Results

Virtually every class action pending in federal court has undergone a re-examination based on the U.S. Supreme Court's holding in Wal-Mart Stores Inc. v. Dukes, 131 S. Ct. 2541 (2011). The issues arises either based on a defense motion to strike or decertify a class based on Dukes or in the parties' briefing of a motion for class certification. Defendants typically argue that the class theories are no longer viable under Dukes, and Plaintiffs often defend their class claims as being consistent with the SCOTUS ruling. Federal district court judges are left to analyze whether Dukes completely blocks, impedes in part, or green lights the Plaintiffs' class claims.

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