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U.S. Supreme Court

Sep. 20, 2011

Limiting class actions: The full impact of Dukes

Wal-Mart Inc. v. Dukes will impact class actions in all areas, not just employment. By Erwin Chemerinsky of University of California, Irvine School of Law

Erwin Chemerinsky

Dean and Jesse H. Choper Distinguished Professor of Law
UC Berkeley School of Law

Erwin's most recent book is "Worse Than Nothing: The Dangerous Fallacy of Originalism." He is also the author of "Closing the Courthouse," (Yale University Press 2017).

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Although it received great media attention, the significance of the U.S. Supreme Court's June decision in Wal-Mart Inc. v. Dukes, 131 S.Ct. 2541 (2011), was not appreciated when it was handed down. It was immediately recognized that the Court made it far more difficult to bring class action suits challenging employment discrimination. But a careful reading of the opinion indicates that it has the potential for limiting class actions in all areas.


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