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Expert Analysis

A Paradigm Shift On Commonality

Law360, New York (August 24, 2011, 2:32 PM EDT) -- In the aftermath of the U.S. Supreme Court's historic decision in Wal-Mart Stores Inc. v. Dukes,[1] much has been said about its effect on nationwide civil rights class actions. However, the Dukes decision is also likely to have a significant impact on a variety of other types of class action cases, in particular consumer fraud actions. The Supreme Court's ruling, with its focus on the requirement under Federal Rule of Civil Procedure 23(a)(2) that there be "questions of law or fact common to the class," has, perhaps inadvertently, set a higher bar for plaintiffs at the class certification stage....

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