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Good News on the Class Action Front

By James M. Beck and Mark Herrmann

The Ninth Circuit has granted en banc review of a panel decision affiming the largest class action in history in Dukes v. Wal-Mart. While it's mostly a labor law/discrimination case, and thus outside our sphere, one aspect of the class action is whether constitutional law permits punitive damages to be awarded on a class-wide basis. We've argued strenuously here and here (and Bexis filed two amicus briefs in Dukes, with another one possibly coming) that the answer to that latter question has to be "no" after the Supreme Court's decision in Williams v. Philip Morris.

Full post as published by Drug and Device Law on February 16, 2009 (boomark / email).