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Ninth Circuit Joins Second Circuit in Adopting Broad Definition of “Whistleblower” Under The Dodd-Frank Act
  • Dechert LLP
  • USA
  • March 16 2017

A divided panel of the U.S. Court of Appeals for the Ninth Circuit recently ruled in Somers v. Digital Realty Trust Inc.1 that the Dodd-Frank Act's

Ninth Circuit increases award to Latino farm workers in Washington State
  • Shook Hardy & Bacon LLP
  • USA
  • August 19 2011

In an unpublished opinion, a divided Ninth Circuit Court of Appeals panel has determined that a district court erred in awarding Latino farm workers less than statutory damages for growers’ violations of Washington’s Farm Labor Contractors Act (FLCA).

Dukes not so hazardous after all
  • BoyarMiller
  • USA
  • June 24 2011

As an update to our blog posting on April 6, the United States Supreme Court has ruled that a district court improperly certified a nationwide class of female employees of Wal-Mart who were claiming sex discrimination in the company's pay and promotion practices.

Recent decisions provide answers to emerging CAFA issues
  • Baker & Hostetler LLP
  • USA
  • May 5 2011

The Class Action Fairness Act of 2005 (CAFA) was designed to curb problems and abuses inherent in certain class action litigation.

Dukes v. Wal-Mart Stores, Inc., Supreme Court oral argument summary
  • Hogan Lovells
  • USA
  • March 31 2011

On 29 March 2011 the Supreme Court heard oral argument in Dukes v. Wal-Mart Stores, Inc., a case that may become a landmark ruling in class action litigation.

U.S. Supreme Court agrees to review class certification decision in Wal-Mart
  • Paul Weiss
  • USA
  • December 7 2010

On December 6, 2010, the United States Supreme Court granted Wal-Mart Stores, Inc.’s certiorari petition in Dukes, et al. v. Wal-Mart.

US Supreme Court grants certiorari in Wal-Mart Stores, Inc. v. Dukes
  • Mayer Brown
  • USA
  • December 7 2010

To be certified, a class must meet all the requirements of Federal Rule of Civil Procedure 23(a)numerosity, commonality, typicality, and adequacyand at least one of the three requirements set forth in Rule 23(b).

Dukes v. Wal-Mart Stores, Inc., certiorari granted
  • Hogan Lovells
  • USA
  • December 6 2010

Today the Supreme Court granted Wal-Mart's certiorari petition, agreeing to hear the company's appeal of the Ninth Circuit's significant decision in the gender discrimination class action Dukes v. Wal-Mart Stores, Inc., 603 F.3d 571 (9th Cir. 2010) during its current 2010-11 term.

Federal district court rules in favor of coal-fired power plant and against government in prevention of significant deterioration (PSD) lawsuit
  • Taft Stettinius & Hollister LLP
  • USA
  • July 14 2010

Following a bench trial, a federal district court in the Sixth Circuit decided that the replacement of the economizer and superheater sections at a coal-fired power plant fell within the routine maintenance, repair, and replacement (RMRR) exception to PSD regulations.

Landmark Ninth Circuit en banc decision reverses several key aspects of huge Wal-Mart sex discrimination class, and announces new standards for class action jurisprudence
  • Dentons
  • USA
  • May 4 2010

On April 26, 2010, a sharply divided 6-5 en banc panel of the Ninth Circuit Court of Appeals issued a lengthy opinion, accompanied by a scathing dissent, upholding a portion of the massive nationwide sex discrimination class in Dukes v. Wal-Mart Stores, Inc., __ F.3d __, 2010 WL 1644259 (9th Cir. April 26, 2010) (en banc).