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Litigation

Aug. 2, 2012

9th Circuit's handling of Dukes

The 9th U.S. Circuit Court of Appeals has had a handful of opportunities to apply the teachings of Dukes to other putative class actions. By Dylan Ruga of Steptoe & Johnson LLP


By Dylan Ruga


It has been over a year since the Supreme Court ruled in Wal-Mart Stores, Inc. v. Dukes that about a million and half female employees could not maintain a class action against the discount superstore. Since then, the 9th U.S. Circuit Court of Appeals has had a handful of opportunities to apply the teachings of Dukes to other putative class actions. In two published decisions, the 9th Circuit has refined the court's test for "...

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