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Monday, December 6, 2010

Supreme Court Will Review Dukes v. Wal-Mart

The Supreme Court of the United States this morning granted Wal-Mart's petition for certiorari in Dukes v. Wal-Mart. The Court's order is here. It limits review to the first issue presented by Wal-Mart, then adds a second issue. The two issues to be decided are as follows:
  1. Whether claims for monetary relief can be certified under Federal Rule of Civil Procedure 23(b)(2) and, if so, under what circumstances; and
  2. Whether the class certification ordered under Rule 23(b)(2) was consistent with Rule 23(a).

The Court's docket is here. I do not yet know the briefing schedule, but the Court will decide the case by the close of the session on June 11, 2011.

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