The Duchesses Come Out Swinging in Dukes: Restoring the Balance in Class Certification

With its much-anticipated en banc decision in Dukes v. Wal-Mart Stores, Inc., the Ninth Circuit became the most recent federal court of appeals to address the district court’s role in deciding whether a plaintiff has met Federal Rule 23’s class certification requirements. Like several other federal circuits in recent years, the Ninth Circuit considered whether the district court may analyze the underlying merits of the dispute in determining th