Citing Dukes, 9th Circ. Remands Costco Class Action

Law360, New York (September 16, 2011, 5:05 PM EDT) -- The Ninth Circuit on Friday sent a gender discrimination class action against Costco Wholesale Corp. back to the lower court to re-evaluate if the class is certifiable in light of the U.S. Supreme Court's ruling in Wal-Mart Stores Inc. v. Dukes.

"Given this new precedent altering existing case law, we must remand to the district court," Judge N. Randy Smith wrote for the appeals court.

The plaintiffs say the bulk retailer has failed to promote hundreds of female employees to senior staff or management positions, and are...
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