Dukes Dooms Commonality Finding In Disparate Impact Discrimination Lending Practices Class Action

Wal-Mart Stores, Inc. v. Dukes, 131 S. Ct. 2541 (2011), is quickly becoming one of the most often cited Supreme Court decisions in federal courts. It surely is the focus of any class certification briefing these days, and its reach goes far beyond workplace bias cases. As employment defense lawyers, we think there is much to be learned from the application of Dukes in cases outside of the workplace class action context.

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