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...
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