State Of Class Certification: Defense In ERISA Cases

Law360 (April 13, 2020, 4:19 PM EDT) -- As recent data reveals record levels of class certification grants from federal courts, this Expert Analysis series examines the latest offense and defense strategies in Employee Retirement Income Security Act, workplace bias, and wage and hour class suits.

Richard Nowak

Nancy Ross Almost a decade has passed since the U.S. Supreme Court issued its landmark decision clarifying the requirements for class certification in Wal-Mart Stores Inc. v. Dukes.[1] While it was expected that the rate of class certification would decrease in the wake of Dukes, in recent years courts have been certifying class actions at an increasing rate.

In fact, according...

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