Rethinking Bifurcated Discovery After Wal-Mart

Law360, New York (February 29, 2012, 2:09 PM EST) -- The U.S. Supreme Court's landmark decision in June 2011 in Wal-Mart Stores Inc. v. Dukes (No. 10-277), has been the subject of considerable discussion in the legal media, and, on seemingly a daily basis, the lower federal courts are interpreting and applying the decision in a range of class action cases.

For all that discussion and analysis, though, perhaps one of the least understood — or most misunderstood — aspects of Wal-Mart is the indirect and likely unintended impact that a single phrase used by the majority is having on the order, scope and, ultimately, the cost of class action discovery....

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