Employment Law Report

By Edwin  S. Hopson

On December 6, 2010, the U.S. Supreme Court announced that it had granted certiorari in the Dukes v. Wal-Mart case pending in California.  The Dukes case, according to published reports, is the largest Rule 23 class ever certified in the employment law arena. The plaintiffs successfully sought in the district court certification of a nationwide class involving claims of sex discrimination.  The U.S. Court of Appeals for the Ninth Circuit had affirmed the district court's action but it appears the U.S. Supreme Court will have the last word.