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The Duchesses Come Out Swinging in Dukes: Restoring the Balance in Class Certification

BY | August 10, 2010

Jay Himes, William Reiss, Aug 10, 2010 With its much-anticipated en banc decision in Dukes v. Wal-Mart Stores, Inc., the Ninth Circuit became the most recent federal court of appeals…

Jay Himes, William Reiss, Aug 10, 2010

With its much-anticipated en banc decision in Dukes v. Wal-Mart Stores, Inc., the Ninth Circuit became the most recent federal court of appeals to address the district court’s role in deciding whether a plaintiff has met Federal Rule 23’s class certification requirements. Like several other federal circuits in recent years, the Ninth Circuit considered whether the district court may analyze the underlying merits of the dispute in determining th

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