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Article: Ninth Circuit Affirms Certification Of Largest Class Ever.(Dukes v. Wal-Mart, Inc)(sex discrimination case)
- Article from:
- Mondaq Business Briefing
- Article date:
- March 22, 2007
CopyrightCOPYRIGHT 2007 Mondaq Ltd. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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In Dukes v. Wal-Mart, Inc., the U.S. Court of Appeals for the Ninth Circuit (Ninth Circuit) recently affirmed the decision of the Northern District Court of California to certify a class of women in a sex discrimination class action, estimated to cover an unprecedented 1.5 million class members. The class includes women formerly and presently employed with the retailer in both management and non-management roles at all Wal-Mart locations in the United States.
One of Wal-Mart's main challenges to class certification was the lack of commonality and typicality necessary to certify a class under the Federal Rule of Civil Procedure (FRCP) 23(a). Wal-Mart asserted that ...