Wal Mart Stores, Inc.
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 Federal Circuit has established a heightened pleading requirement for claims of inequitable conduct, requiring more than “a mere showing that art or information having some degree of materiality was not disclosed.” In Exergen Corp. v. Wal-Mart Stores Inc., 575 F.3d 1312, 1331 (Fed. Cir. 2009) (cit. omitted), the Court…