Seyfarth Shaw partner Gerald Maatman recently provided a preview of his presentation on the current state of the post-Wal-Mart v. Dukes class action field to Advisen News on April 17.
Jerry notes that two significant cases, United States v. City of New York and McReynolds v. Merril Lynch et al, have both proceeded, signaling a reboot by the plaintiffs' bar with new strategies to replace those dented by Dukes. McReynolds, Jerry noted, "is the first circuit decision since Wal-Mart where a federal circuit despite Wal-Mart has nonetheless certified an employment case--this one a race discrimination case involving pay and promotions."
"Corporate America still needs to be focused on compliance compliance compliance," he said. "The best way to win a class action is to never be sued in a class action."