Continued Impact of Dukes on Class Actions: Ninth Circuit Cases on Gender Discrimination and Wage and Hour
11 October 2011
Mayer Brown Legal Update
The decision in Wal-Mart Stores, Inc. v. Dukes, 131 S. Ct. 2541 (2011) continues to have a profound impact on employment class actions across the country. The Ellis v. Costco decision, in the Ninth Circuit, gives greater focus to the impact of Dukes on employment discrimination classes. The Supreme Court confirms that Dukes impacts wage and hour cases, too, as the Court grants certiorari to vacate and remand the Ninth Circuit’s class certification decision in the Chinese Daily News case in light of the Dukes standards for class certification.