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12 Aug 2015, 12:10 pm by Charles Casper
One wonders how this invitation to certify now and decertify later when more evidence is in satisfies the Supreme Court’s view that Rule 23(b)(3) “requires the judge to make findings about predominance and superiority before allow allowing the class,” Wal-Mart Stores, Inc. v. [read post]
29 Jul 2015, 11:51 am by Seyfarth Shaw LLP
Bouaphakeo, a case that will provide the Supreme Court with the opportunity to clarify the extent to which Wal-Mart Stores, Inc. v. [read post]
More specifically, the Court is expected to clarify what it means to have a class action “trial by formula,” of which the Court first disapproved in 2011 in Wal-Mart Stores, Inc. v. [read post]
More specifically, the Court is expected to clarify what it means to have a class action “trial by formula,” of which the Court first disapproved in 2011 in Wal-Mart Stores, Inc. v. [read post]
10 Jun 2015, 11:57 am by Greg Mersol
 The Eighth Circuit, in a 2:1 decision, upheld that verdict, rejecting arguments by the employer that (1) the case should never have been certified given differences in time spent among the class; (2) the use of statistics was improper and constituted “Trial by Formula” in violation of the teachings of Wal-Mart Stores, Inc. v. [read post]
9 Jun 2015, 12:17 pm by Patrick T. Ryan
June 8, 2015), a case that raises important issues on how class and collective actions are certified and adjudicated—and may allow the Court to provide further guidance on questions it addressed in Wal-Mart Stores, Inc. v. [read post]
9 Jun 2015, 7:16 am by Seyfarth Shaw LLP
On appeal, Tyson contended that certification was improper because employees’ individual routines varied and, thus, the litigation could not generate common answers apt to drive the resolution of the litigation as required under Wal-Mart Stores, Inc. v. [read post]
5 Jun 2015, 7:32 am by John Elwood
Braun, 14-1123, and Wal-Mart Stores, Inc. v. [read post]
13 May 2015, 5:25 am by Joy Waltemath
Finding that the district court fundamentally misapprehended the reach of Wal-MartStores, Inc. v. [read post]
12 Mar 2015, 7:26 am by Seyfarth Shaw LLP
 That decision, issued by Judge Leonard Sand, held that because the named plaintiffs were not current employees, the Supreme Court’s decision in Wal-Mart Stores, Inc. v. [read post]