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Dukes v. Wal-Mart: A Foreboding Class Certification Decision for Employers ( July 2004 )
On June 21, 2004, a federal district court in San Francisco certified a nationwide class of approximately <strong>1.6 million</strong> current and former female employees of Wal-Mart who claim sex discrimination in promotions and pay at Wal-Mart stores around the country. <em>Dukes, et al. v. Wal-Mart Stores, Inc.</em>, No. C 01-02252 (N.D. Cal. June 21, 2004). Not only does the size of the class dwarf other previous employment class actions, but this may also be the first <strong>billion</strong> dollar employment discrimination case ever. The implications of this decision are profound and potentially frightening. -
Empirical Study of Class Actions in Four Federal District Courts: Final Report to the Advisory Committee on Civil Rules ( April 1997 )
Federal Rule of Civil Procedure 23, an outgrowth of an equity rule, was promulgated in 1938 as part of the first Federal Rules of Civil Procedure. The current version of the rule creates a procedure designed to permit representative parties and their counsel to prosecute or defend civil actions on behalf of a class or putative class consisting of numerous parties.
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