The Rise Of '2nd Generation' Dukes Issues

Law360, New York (February 13, 2012, 1:43 PM EST) -- Dukes issues — stemming from the U.S. Supreme Court's (SCOTUS) seminal ruling in spring 2011 in Wal-Mart Stores Inc. v. Dukes, 131 S. Ct. 2541 (2011) — are twisting, turning and morphing into all types of class actions. We anticipate that 2012 will be the year that litigants and courts alike increasingly confront “second generation” issues left open by Dukes.

The Dukes litigation is undoubtedly well-known at this point, as its meaning and implications have been the focus of intense scrutiny; by the end of 2011,...
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