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Expert Analysis

Dukes May Have Doomed Toxic Tort Class Certification

Law360, New York (July 30, 2014, 12:42 PM EDT) -- It is increasingly difficult to envision a class of toxic tort plaintiffs that can meet the stringent standards for class certification set by the U.S. Supreme Court in Wal-Mart Stores Inc. v. Dukes. Both state and federal courts have followed the Supreme Court's lead and raised the bar for commonality, evidence of injury and causation and expert testimony in support of class certification. The implications for toxic tort class certification have been profound....

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