The Time Has Come For Plaintiffs To Put Up Their Dukes

Law360, New York (March 20, 2012, 1:46 PM EDT) -- While much has been written — and will continue to be written — about the U.S. Supreme Court's blockbuster decision in Wal-Mart Stores Inc. v. Dukes, it remains too early to discern the lasting impact of Dukes on class action litigation. Yet, one thing was, initially, universally agreed upon: Dukes helps defendants and hinders plaintiffs.

That simple conclusion, however, was questioned by the U.S. Seventh Circuit Court of Appeal's recent holding in McReynolds v. Merrill Lynch & Co. Inc., where it was the plaintiffs who relied...
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