In this issue:
The U.S. Supreme Court took a hard look at class actions earlier this year in a decision on Wal-Mart v. Dukes. Our five papers not only represent opinions from both sides of the decision, but present different outlooks on how the outcome may—or may not—impact further antitrust class actions.
Wal-Mart v. Dukes: Its Antitrust Significance
Wal-Mart Stores, Inc. v. Dukes: Supreme Court Clarifies Commonality Analysis for Class Actions and Rejects Use of Injunctive Relief as Hook to Certify Damages Class
The Supreme Courtâ€™s decision sets relatively clear limits on aspects of class certification that had become indistinct and thus improperly permissive. Donald M. Falk, Archis A. Parasharami, & Marcia E. Goodman (Mayer Brown)
Dukes did not address the requirement of predominanceâ€”much less did it brighten the analysis or heighten the evidentiary standard by which predominance must be shown. Jay Himes & William Reiss (Labaton Sucharow LLP)
Implausible Wrongs and Dissimilarities: The Supreme Court Continues Its Anti-Litigation Trend, This Time With a Class Action Focus in Wal-Mart v. Dukes
That invitation will inevitably result in fewer class actions. Marcia McCormick (St. Louis Univ. School of Law)