US Marshals Can't Use Dukes To Nix Bias Suit

Law360, New York (September 28, 2012, 2:45 PM EDT) -- A Washington federal judge on Thursday rejected a bid by the U.S. Marshals Service to use the U.S. Supreme Court's Wal-Mart v. Dukes decision to dismiss former marshals' proposed class action alleging race discrimination, saying the landmark ruling didn't apply at the pleading stage.

U.S. District Judge Barabara Rothstein reminded the USMS that the influential 2011 decision came on a motion for Rule 23 class certification, which places a much higher burden on plaintiffs than the current early-stage motion to dismiss. In other words, the former...
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