The Ever-Broadening Reach Of Dukes

Law360, New York (March 15, 2012, 1:12 PM EDT) -- When the United States Supreme Court decided Dukes v. Wal-Mart Stores Inc. in 2011, some observers argued that the decision was or should be limited to employment cases, or distinguished from most class actions because of its unique facts. They were wrong. In less than a year, Dukes’s analysis has been applied in class decisions on a number of subjects, in both federal and state courts. Still, several questions remain.

Some background: Dukes was the largest civil rights class action suit in the history of the...
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