By Andrew H. Perellis and Ilana R. Morady

After the U.S. Supreme Court issued its transformative decision in Dukes, et al. v. Wal-Mart Stores, Inc., No. 10–277 (June 20, 2011), holding that plaintiffs alleging employment discrimination had failed to demonstrate the existence of common questions sufficient for class certification under Federal Rule of Civil Procedure 23(a)(2), we wrote

Continue Reading Kieta Alexander v. Norfolk Southern: Another Toxic Torts Class Denied Certification in the Wake of Dukes

By Andrew Perellis and Ilana Morady

The Supreme Court’s ruling in Dukes v. Wal-Mart Stores, Inc., 2011 U.S. LEXIS 4567 (U.S. 2011), continues to have ramifications beyond labor and employment cases. In order for a plaintiff to proceed with a class action, the representative class must share common issues of causation or liability, known as the cohesiveness element of

Continue Reading Supreme Court’s Tightening of Class Action Standards in Dukes Relied on by Third Circuit to Defeat Proposed Medical Monitoring and Toxic Tort Class