Warding Off Discovery In Employment Class Actions

Law360, New York (June 25, 2012, 1:18 PM EDT) -- The U.S. Supreme Court's decision in Wal-Mart Stores Inc. v. Dukes, 131 S.Ct. 2541 (2011), raised the bar for class certification, providing defendants additional tools for fighting off motions for class certification under Rule 23. Nonetheless, the usefulness of Dukes is tempered by the need to engage in often protracted and expensive discovery in order to oppose class certification. Indeed, some could argue that, by emphasizing the need for "significant proof" of compliance with Rule 23 requirements, the Dukes decision signaled that class discovery would need to be more expansive — and expensive — than was previously the case....

Law360 is on it, so you are, too.

A Law360 subscription puts you at the center of fast-moving legal issues, trends and developments so you can act with speed and confidence. Over 200 articles are published daily across more than 60 topics, industries, practice areas and jurisdictions.


A Law360 subscription includes features such as

  • Daily newsletters
  • Expert analysis
  • Mobile app
  • Advanced search
  • Judge information
  • Real-time alerts
  • 450K+ searchable archived articles

And more!

Experience Law360 today with a free 7-day trial.

Start Free Trial

Already a subscriber? Click here to login

Related Sections

Law Firms

Companies

Government Agencies

Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!