"Second Generation" Dukes Issues - Dismissal Of Class Claims Based On Defective Architecture Of The Class Theories

Dukes issues - stemming from the U.S. Supreme Court's seminal ruling this past spring in Wal-Mart Stores, Inc. v. Dukes, 131 S. Ct. 2541 (2011)  - are twisting, turning, and morphing into all types of class actions. We anticipate that 2012 will be the year that litigants and courts alike increasing confront "second generation" issues left open by Dukes.

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