How To Apply Dukes: 7th Circ.'s Class Certification

Law360, New York (September 5, 2012, 12:08 PM EDT) -- It has now been more than 14 months since the United States Supreme Court issued its landmark decision in Wal-Mart Store Inc. v. Dukes[1] clarifying the evidentiary standard plaintiffs must meet to establish “commonality” under Federal Rule of Civil Procedure 23(a) for class action certification. Since then, courts throughout the country have struggled with applying Dukes to the facts of their cases and deciding if it applies at all. Courts have addressed whether to apply Dukes to a variety of employment discrimination class actions, consumer class...
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