Not So Fast: Third Circuit Refuses To Overturn Denial Of Rule 23 Settlement Class Based On Wal-Mart Stores, Inc. v. Dukes

In a well-reasoned and very important decision for all class action practitioners, the U.S. Court of Appeals for the Third Circuit recently ruled in Rodriguez, et al. v. National City Bank No. 11-8079 (3d Cir.  Aug. 12, 2013), that a District Court did not abuse its discretion in refusing to approve a settlement class based on the U.S. Supreme Court’s decision in Wal-Mart Stores, Inc. v. Dukes, et al, 131 S. Ct. 2541 (2011)(“Dukes”). The District Court’s decision, which the Third Circuit upheld, is believed to be the first to apply the commodity standards established in Dukes in refusing to approve a class action settlement.

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