The Chicago Tribune reports that U.S. District Judge Edward Chen in the Northern District of California, has certified a class comprising of women employees of Costco holding that such a class meets the requirements the Supreme Court stated in Wal-Mart Stores, Inc. v. Betty Dukes, et al., 131 S. Ct. 2541 (2011) regarding class certification in Rule 23.
Despite containing a strikingly similar class of women working for a large big box retailer, Judge Chen ruled that the class comprised of fewer plaintiffs, thereby making the class sufficiently defined for Rule 23.
In the face of a narrowing of potential class definitions due to Wal-Mark v. Dukes, the lower courts have not radically altered the terrain of class action litigation. If a class meets the four requirements (numerosity, common question of law or fact, typicality of claims or defenses, representative capacity) and the second part contained in Rule 23(b), despite Dukes' apparent narrowing, classes can be still defined somewhat generally. Here, the Costco workers numbered only 700 as opposed to the Wal-Mart class of 1.5M where, as many Justices thought, natural differences must exist between unnamed plaintiffs.
If you think you have been mistreated and believe there are others who share your harm, consider reaching out to a class-action attorney or law firm. Nair Law LLC may not be large enough to handle a large class action by itself, but we are familiar with firms that can contribute to getting justice for you and those who were similarly harmed.
In the face of a narrowing of potential class definitions due to Wal-Mark v. Dukes, the lower courts have not radically altered the terrain of class action litigation. If a class meets the four requirements (numerosity, common question of law or fact, typicality of claims or defenses, representative capacity) and the second part contained in Rule 23(b), despite Dukes' apparent narrowing, classes can be still defined somewhat generally. Here, the Costco workers numbered only 700 as opposed to the Wal-Mart class of 1.5M where, as many Justices thought, natural differences must exist between unnamed plaintiffs.
If you think you have been mistreated and believe there are others who share your harm, consider reaching out to a class-action attorney or law firm. Nair Law LLC may not be large enough to handle a large class action by itself, but we are familiar with firms that can contribute to getting justice for you and those who were similarly harmed.
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