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A Sharply Divided Ninth Circuit Upholds Certification of Largest Employment Discrimination Class Action in History

April 27, 2010

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On April 26, 2010, the Ninth Circuit sitting en banc issued a long anticipated and sharply divided 6-5 opinion in Dukes, et al. v. Wal-Mart. The majority affirmed the district court's certification of a nationwide class of current female employees of Wal-Mart with respect to their claims for injunctive and declaratory relief and back pay. Given the divided court, the size of the class and the conflicts with other circuits, Supreme Court review seems likely. Wal-Mart's attorneys have already suggested that they intend to seek such review.

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