Supreme Court's Tightening of Class Action Standards in Dukes Relied on by Third Circuit to Defeat Proposed Medical Monitoring and Toxic Tort Class

The Supreme Court’s ruling in Dukes v. Wal-Mart Stores, Inc., 2011 U.S. LEXIS 4567 (U.S. 2011),continues to have ramifications beyond labor and employment cases. In order for a plaintiff to proceed with a class action, the representative class must share common issues of causation or liability, known as the cohesiveness element of class certification.

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