Thursday, February 19, 2009
On Friday, the 9th Circuit granted a rehearing en banc in Dukes v. Wal-Mart, an enormous and long-running Title VII sex discrimination class action. Plaintiffs filed the case in 2001, contending that Wal-Mart discriminated against women in pay and promotions. The district court certified the class in 2004 and the Ninth Circuit affirmed in 2007.
OK, it's not a mass tort. But for anyone interested in mass litigation, the Dukes case represents an important test of the limits of Rule 23(b)(2) class actions in which significant monetary damages are sought along with injunctive relief. The UCL Practitioner blog offers an explanation of what happens next, procedurally.