The Continued Robustness Of Rule 23(b)(2)

Law360, New York (June 4, 2012, 4:02 PM EDT) -- The application of the decision of the United States Supreme Court in the employment discrimination case of Wal-Mart v. Dukes, 131 S. Ct. 2541 (2011) during its first year within the judicial system has not had the world changing, or U.S.A. changing, consequences predicted by those who cheered and those who groaned.

Instead, the courts have largely demonstrated a nuanced view of the court’s opinion regarding the procedures and standards for district courts to follow when considering class certification motions under Rule 23 of the Federal...
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