Tag Archives: “Rule 23(f)”

Ninth Circuit (Barely) Acknowledges the Dukes Case in Discrimination Class Action Litigation

By Greg Mersol on January 13, 2020 Posted in Discrimination

Ten years ago, the Ninth Circuit upheld the certification of a sprawling nationwide class action in Dukes v. Wal-Mart Stores, Inc., only to see that decision overturned a year later by the Supreme Court. Wal-Mart Stores, Inc. v. Dukes, 131 S. Ct. 2541 (2011). In the intervening decade, the Supreme Court similarly up-ended the Ninth … Continue Reading

Ninth Circuit Reverses District Court’s Refusal To Certify Age Discrimination Class

By Greg Mersol on May 7, 2014 Posted in Discrimination, Rule 23

The most famous, if fictional, San Francisco police Inspector was, of course, Inspector Harry Callahan of the Dirty Harry succession of Clint Eastwood films. The first Dirty Harry movie came out in 1971when its star, known then chiefly by his roles in westerns, was 41 years old. There were a total of five films with … Continue Reading

Choice of Law/Statute of Limitations Thwarts Class

By Greg Mersol on July 30, 2013 Posted in Rule 23

Differences among putative class members are frequently the heart of the employer’s defense to a class action lawsuit. Such differences implicate the elements of commonality and typicality and possibly even adequacy of representation under Rule 23(a) and also erode or destroy the predominance and superiority requirements of Rule 23(b)(3). These differences usually spring from the … Continue Reading

Seventh Circuit Finds Certification of Overtime Disputes Meets Dukes Standards

By Greg Mersol on February 2, 2012 Posted in Class Certification

The Seventh Circuit has now issued a decision relating to the application of Wal-Mart Stores, Inc. v. Dukes, 131 S. Ct. 2541 (2011), to state law overtime disputes. While the decision is curious for many reasons, it may prove problematic for Seventh Circuit employers as it relates both to the issue of class definitions and … Continue Reading