Class Actions And Causation: Duking It Out In 2012

Law360, New York (February 7, 2012, 12:56 PM EST) -- In 2011, the U.S. Supreme Court breathed new life into the commonality requirement for class certification and tightened requirements for Rule 23(b)(2) injunctive relief classes in Wal-Mart Stores Inc. v. Dukes, 131 S. Ct. 2541 (2011), and upheld the enforceability of class action waivers in consumer arbitration agreements in AT&T Mobility LLC v. Concepcion, 131 S. Ct. 1740 (2011).

Federal courts also continued to recognize that injury and causation requirements pose substantial hurdles to class certification and other forms of aggregate litigation under the Racketeer Influenced...
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