Employment Law | Expert Legal Commentary
August 3, 2010
Dukes v. Wal-Mart: Class Certification Under Rule 23
Dukes v. Wal-Mart Stores, Inc.
By
Jeremy J. Gray of Zuber & Taillieu
In a sharply divided 6-5 en banc opinion, the Ninth Circuit certified what many are calling the biggest class action, in the biggest employment discrimination case in U.S. history, with ultimate damages likely in the billions of dollars. In Dukes v. Wal-Mart Stores, Inc., 603 F.3d 571 (9th Cir. 2010), the Ninth Circuit U.S. Court of Appeals clarified its interpretation of the Rule 23 standard for class certification, in an opinion that caused some dissent among the circuits, particularly regarding its statement of qualification for punitive damages claims under Rule 23(b)(2). Due to the resulting Circuit split, many pundits are predicting that the case is headed for the Supreme Court.
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About the Author
Jeremy J. Gray is a Partner of Zuber & Taillieu, focusing on employment law.
Image Credit: ©iStockphoto.com/beaucroft
