Saved From The Bell?

Law360, New York (June 29, 2011, 2:59 PM EDT) -- Wal-Mart Stores Inc. v. Dukes appears to set standards that greatly expand a defendant's rights to individual determinations of each class member's liability and damages. Because the court's rulings on the issue of statistical sampling as a substitute for individual proof are tethered to the Due Process Clause, they should apply to actions brought under state class action rules as well.

In California, the case appears inconsistent with — and thus may effectively overrule — Bell v. Farmers Insurance Exchange, 115 Cal. App. 4th 715 (2004)...
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