Eighth Circuit Rejects Class Claims Based On Attempts To Distinguish Dukes While Affirming Judgment On Individual Claims Based In Part Upon Evidence Concerning Third Parties

Wal-Mart Stores, Inc. v. Dukes, 131 S. Ct. 2541 (2011), continues to be a focal point in appellate review of class certification decisions, and federal appellate courts are rejecting attempts to limit or distinguish the Supreme Court’s latest jurisprudential guidelines. Employers should note, however, that what the Supreme Court's decision gives in terms of restrictions on class claims, lower courts may take away by allowing employees to use evidence of discrimination against third parties in presenting the merits of their individual claims. 

 

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