Dukes Applied To Deny Certification (Again) To Race Discrimination Class Action

Wal-Mart Stores, Inc. v. Dukes, 131 S. Ct. 2541 (2011), is becoming a focal point in virtually all pending workplace class actions. Defense lawyers are increasingly citing Dukes and asserting that it either calls into question any previously certified class or impedes plaintiffs from certifying their proposed class theories. In contrast, the plaintiffs' class action bar is contending Dukes is either narrowly decided and/or inapplicable to non-mega workplace class actions.

 

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