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Perspective

May 1, 2010

Class Certification: Wave of Stricter Standards Reaches Ninth Circuit Shores

Patrick Ryan and Sean Meenan of Winston & Strawn believe the 9th Circuit's ruling in Dukes v. Wal-Mart Stores will lessen the burden of frivolous class action lawsuits.

By Patrick M. Ryan and Sean D. Meenan

On April 26, 2010, in Dukes v. Wal-Mart Stores Inc., the 9th U.S. Circuit Court of Appeals affirmed certification of what could be the largest class in history. But what should not be lost in the uproar about the size of the Dukes class is that the 9th Circuit has now joined several of its sister circuits in requiring stricter standards for district courts to use when considering whether to certify a cla...

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