3 Months After Wal-Mart V. Dukes

Law360, New York (September 14, 2011, 4:18 PM EDT) -- No U.S. Supreme Court decision garnered more attention last term than Wal-Mart Stores Inc. v. Dukes,[1] the court’s 5-4 denial of certification to a class of 1.5 million former and current female employees alleging gender discrimination against the retail giant. Reactions ranged from staid to apocalyptic, with some observers heralding Wal-Mart as the end to massive class actions against corporate defendants.

Other commentators stopped short of declaring a sea change, finding little in the decision applicable outside the facts of the case. Surveying case law three...
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