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Dukes v Wal-Mart Stores: En Banc Ninth Circuit Lowers the Bar for Class Certification and Creates Circuit Splits in Approving Largest Class Action Ever Certified

BY | August 10, 2010

Donald Falk, Marcia Goodman, Archis Parasharami, Aug 10, 2010 The U.S. Court of Appeals for the Ninth Circuit has issued a significant decision affirming the certification of the largest class…

Donald Falk, Marcia Goodman, Archis Parasharami, Aug 10, 2010

The U.S. Court of Appeals for the Ninth Circuit has issued a significant decision affirming the certification of the largest class action since the adoption of Federal Rule of Civil Procedure 23. In Dukes v. Wal-Mart Stores, Inc., a divided en banc court ruled, 6 to 5, that the district court did not abuse its discretion in certifying a class of as many as 1.5 million female employees who worked in Wal-Mart’s 3,400 stores at an

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