Monday, April 26, 2010

Ninth Circuit Issues Opinion in Dukes v. Wal-Mart

Thanks to Professor Laura Hines (Kansas) for the following case update:

The Ninth Circuit issued its opinion in the Dukes v. Wal-Mart class action this afternoon. The 6-5 majority affirmed the district court’s Rule 23(b)(2) class certification of current employees seeking injunctive and declaratory relief, as well as back pay. The court remanded, however, with respect to the class claims for punitive damages (“so that the district court may consider whether to certify the class under Rule 23(b)(2) or (b)(3)”), and also remanded the claims of putative class members who no longer worked for Wal-Mart when the complaint was filed (so that the trial court could consider whether to certify separate (b)(3) class(es) for those former employees.

The full opinion can be downloaded at:


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