Jottings By An Employer's Lawyer

Monday, February 16, 2009

Dukes v. Wal-Mart, Not Over Yet, Not Even in the 9th Circuit

The folks at Shaw Valenza were busy working on Valentine's Day and were good enough to post the news that the 9th Circuit had granted an en banc review in the largest sex discrimination class action case ever certified, Dukes v. Wal-Mart. The original 9th Circuit opinion is here. [pdf] The granting of re-hearing is almost two years to the day from the original decision.

Unlike all other circuits, an en banc review does not mean all judges of the 9th Circuit, but a 15 member panel. Probably good that this one gets another set of eyes before the (barring settlement) inevitable petition for writ of certioari to the Supreme Court.

For some background on the underlying lawsuit check out the wikipedia entry here, which has already been updated with Friday's action.


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