Much To Dukes About Nothing

Law360, New York (July 28, 2011, 1:20 PM EDT) -- Certain legal commentators, including guest authors for Law360, are promiscuously stating that the United States Supreme Court’s recent opinion in Wal-Mart Stores v. Dukes “raises the bar” and “creates a heightened standard” for class certification under Rule 23 and, more surprisingly, even under the Fair Labor Standards Act.

However, there is nothing in the Dukes opinion that revises or changes the existing body of Rule 23 case law regarding the necessary standards for class certification. Had that been the case, Judge Antonin Scalia, known to be...
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