Within the space of four weeks this spring, decisions in three courts portended a more challenging class action landscape for employers to navigate in the years ahead.
The cases the courts addressed vary in substance, and the decisions are notable for completely different reasons. But all three potentially make employment class actions a more attractive target for the plaintiffs bar.
The 9th Circuit’s April 26 decision in Dukes v. Wal-Mart was the first of the game-changing decisions. Essentially, the court made it easier for plaintiffs to certify a class and harder for the company to defend itself.