CALIFORNIA CLASS ACTION LAW

Tag: Dukes v. Wal-Mart Stores

Essay Arguing for Reversal of Dukes v. Wal-Mart Stores, Inc.

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Professor Benjamin Spencer’s Federal Civil Practice Bulletin links to an essay by Professor Richard Nagareda entitled Common Answers for Class Certification.  The essay focuses on Dukes v. Wal-Mart Stores, Inc. Prof. Nagareda argues that the Supreme Court should review and reverse the Dukes opinion because of a “crucial conceptual error in Dukes: the majority’s confusion between motions for class certification and the motion that really does regulate the relationship between the court and the fact finder (summary judgment).” Read the rest of this entry »

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Wal-Mart Files Its Cert Petition in Dukes v. Wal-Mart

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Wal-Mart filed its cert petition last week of Dukes v. Wal-Mart Stores, Inc., 603 F.3d 571 (9th Cir. Apr. 26, 2010).  Sitting en banc, Ninth Circuit affirmed District Judge Martin J. Jenkins’ order certifying a Fed. R. Civ. P. 23(b)(2) class of current employees with respect to their claims for inclutive relief, declaratory relief, and back pay.  The petition presents 2 questions:

I. Whether claims for monetary relief can be certified under Federal Rule of Civil Procedure 23(b)(2)—which by its terms is limited to injunctive or corresponding declaratory relief—and, if so, under what circumstances. Read the rest of this entry »