The Supreme Court’s decision in Wal-Mart Stores Inc. v. Dukes, 131 S. Ct. 2541 (2011), is must reading for anyone interested in class actions under Federal Rule of Civil Procedure 23. Justice Antonin Scalia’s majority opinion unmistakably signals that the Roberts Court is more cautious in its approach to class actions than previous ones.
Intended for the class action novice, this article reviews the basic requirements for certification of a class action after Wal-Mart.
The Class Certification Motion
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