New York Federal Court Takes Lessons From Wal-Mart And Partially Decertifies Class And Bifurcates Liability And Damages Phases

On December 4, 2012, Judge Kimba Wood of the U.S. District Court for the Southern District of New York partially decertified a class in a disparate impact race discrimination case entitled Gulino v. Bd. of Educ. of City School Dist. of City of New York, No. 96-CV-8414, 2012 U.S. Dist. LEXIS 172687 (S.D.N.Y. Dec. 4, 2012), holding that Plaintiffs’ claims for individualized monetary and injunctive relief cannot proceed on a class-wide basis under Rule 23(b)(2) following the Supreme Court’s decision in Wal-Mart Stores, Inc. v. Dukes, 131 S. Ct. 2541 (2011).

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