The Defense Submits Its Merits Brief To The Supreme Court In Dukes

On January 20, 2011, the defense submitted its merits brief to the U.S. Supreme Court in Dukes, et al. v. Wal-Mart.

The Supreme Court’s future decision in Dukes is sure to be significant for employers on many levels, as employers can expect further elucidation of Rule 23 certification standards in employment discrimination class actions. The case offers a framework for the analysis required in Rule 23(b)(2) class actions seeking injunctive and declaratory relief, coupled with a demand for massive monetary recovery. The Supreme Court’s future ruling in Dukes could prove to be critical for both sides in high-stakes class actions, and depending on the ultimate outcome of the case, it also has the potential for sparking a renewed discussion about class action reform. View the December 6, 2010 blog post regarding The Supreme Court’s decision to accept certiorari here. 

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