Skip to main content

  • AddRemove
  • Build a Report 
Legal Update

Dukes v. Wal-Mart Stores: En Banc Ninth Circuit Drastically Lowers the Bar for Class Certification and Creates Circuit Court Splits in Approving Largest Class Action Ever Certified

3 May 2010
Mayer Brown Legal Update
The US Court of Appeals for the Ninth Circuit has issued a significant decision affirming the certification of the largest class action since the adoption of Federal Rule of Civil Procedure 23. In Dukes v. Wal-Mart Stores, Inc., Nos. 04-16688 and 04-16720, a divided en banc court ruled, 6 to 5, that the district court did not abuse its discretion in certifying a class of as many as 1.5 million female employees who worked in Wal-Mart’s 3,400 stores at any time after December 1998 for gender discrimination claims based on pay.

Authors

  • Marcia E. Goodman
    T +1 312 701 7953
  • Archis A. Parasharami
    T +1 202 263 3328
  • Kevin S. Ranlett
    T +1 202 263 3217

The Build a Report feature requires the use of cookies to function properly.  Cookies are small text files that are placed on your computer by websites that you visit. They are widely used in order to make websites work, or work more efficiently.  If you do not accept cookies, this function will not work.  For more information please see our Privacy Policy

You have no pages selected. Please select pages to email then resubmit.