High Court Eyes Class Cert. Merits At Dukes Hearing

Law360, New York (March 29, 2011, 7:49 PM EDT) -- The U.S. Supreme Court offered scant hope at a hearing Tuesday that a decision in the historic sex discrimination class action against Wal-Mart Stores Inc. will offer guidance on class certification standards, instead focusing on the theory underlying the case.

The justices spent the bulk of oral arguments in Wal-Mart Stores Inc. v. Dukes et al. questioning whether lead plaintiff Betty Dukes could allege sufficient commonality to uphold the certification of a class of an estimated 1.5 million current and former female Wal-Mart employees who claim...
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