Tag Archives: “Dukes v. Wal-Mart”

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

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

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

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

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

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?

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