Perspective
Dec. 2, 2011
Class certification of punitive damages claims post-Wal-mart v. Dukes
The decision in Wal-mart could restrict federal court authority to certify punitive damages. By Felix Shafir of Horvitz & Levy LLP
For years, plaintiffs and defendants have clashed over whether claims for punitive damages can be certified for class treatment pursuant to Federal Rule of Civil Procedure 23(b). But the legal landscape on which this conflict has raged may well have shifted. The U.S. Supreme Court's recent decision in Wal-Mart Stores Inc. v. Dukes, 131 S. Ct. 2541 (2011), could circumscribe federal courts' authority to certify punitive damages claim...
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