Tag Archives: “Dukes v. Wal-Mart”

Comcast Corporation Appeal Will Permit Justices to Examine Class Certification issues Post-Wal-Mart v. Dukes

By John Lewis on June 29, 2012 Posted in Class Certification

On June 25, 2012 the U.S. Supreme Court agreed to decide “[w]hether a district court may certify a class action without resolving whether the . . . class has introduced admissible evidence, including expert testimony, to show that the case is susceptible to awarding damages on a class-wide basis.” See Court’s Proceedings and Orders. This … Continue Reading

Supreme Court Vacates $7.7 Million Wage and Hour Judgment in Light of Dukes

By Greg Mersol on October 4, 2011 Posted in FLSA, Wage and Hour

Want to read tea leaves? One of the questions arising immediately in the wake of the Supreme Court’s decision in Wal-Mart Stores, Inc. v. Dukes, 564 U.S. __, 131 S. Ct. 2541 (2011), was whether its holdings would apply to cases under the FLSA. Defendants can point to much of the Dukes Court’s language, but plaintiffs, and some courts, … Continue Reading

Ninth Circuit Remands Sex Discrimination Case in Light of Dukes

By Greg Mersol on September 20, 2011 Posted in Class Certification, Discrimination

If there was a case that might indicate what the Ninth Circuit would do in the wake of the Supreme Court’s decision in Wal-Mart Stores, Inc. v. Dukes.pdf, 131 S. Ct. 2541 (2011), it was that of Ellis v. Costco Wholesale Corp., Case No. CV-04-3341-MHP (N.D. Cal.). The Ellis case was, like Dukes, a putative … Continue Reading

Daubert Standards Should Apply to Experts at the Class Certification Stage

By Greg Mersol on August 3, 2011 Posted in Class Certification

It has been a slightly over a month now since the United States Supreme Court announced its blockbuster decision in Wal-Mart Stores, Inc. v. Dukes.pdf, 564 U.S. ___ (2011), and commentators have written at length about various aspects of the decision. One area that has drawn less attention, however, is a very brief portion of … Continue Reading

Court Denies Certification of California Rest and Meal Period Class Against Apple

By Greg Mersol on July 26, 2011 Posted in Meal and Rest Periods, Retail, Rule 23

Another court has denied certification of a rest and meal period case under California law, this one relying at least in part on the Supreme Court’s recent decision in Wal-Mart Stores, Inc. v. Dukes, Case No. 10-277, 564 U.S.___ (Jun. 20, 2011). While many courts are simply staying California rest/meal period cases pending the outcome, if there ever … Continue Reading

Dukes Decision Results In Decertification of California Overtime Case

By Greg Mersol on July 14, 2011 Posted in FLSA

When the much anticipated decision is Wal-Mart Stores Inc v Dukes.pdf was announced (see our post analyzing of the decision), many commentators, us included, believed it would significantly change the landscape of employment class actions. While the case involved allegations of sex discrimination, much of the language appeared to apply to other types of class actions, including those … Continue Reading

Too Big to Succeed – Are Class Actions a Proper Procedural Tool or a Means to Coerce Settlements and Enrich a Few?

By John Lewis on April 7, 2011 Posted in Class Certification, Rule 23

In the wake of the oral argument in the mega class action, Wal-Mart v. Dukes, The New York Times ran an interesting April 3, 2011 article by Adam Liptak entitled “When a Lawsuit Is Too Big.” The subtitle, “Class-action suits can be large and impersonal. Critics say this is why they are often unfair to … Continue Reading

South Carolina Court Certifies Race Discrimination Action

By Greg Mersol on March 7, 2011 Posted in Discrimination, Rule 23, Wage and Hour

As many of the postings in this blog reflect, there has been a veritable flood of class and collective actions asserting wage and hour violations. But even apart from Dukes v. Wal-Mart Stores, Inc., 603 F.3d 571 (9th Cir.), cert. granted, 131 S.Ct. 795 (2010), now pending before the United States Supreme Court, discrimination cases … Continue Reading

Supreme Court Accepts Certiorari In Dukes v. Wal-Mart

By Greg Mersol on December 8, 2010 Posted in Conditional Certification, Rule 23

We’ve already written twice now on the case of Dukes v. Wal-Mart Stores, 605 F.3d 571 (9th Cir. 2010), most recently to argue (August 27, 2010) that the Supreme Court should accept certiorari and reverse. The Supreme Court has now accepted cert., but has done so in a manner that leaves the scope of the … Continue Reading