One year ago today, an eleven-judge en banc Ninth Circuit panel heard oral argument on rehearing in Dukes v. Wal-Mart, Inc., nos. 04-16688 & 04-16720.
In 2007, a three-judge panel (with one judge dissenting) affirmed the trial court's order granting class certification under Rule 23(b)(2) of plaintiffs' Title VII claims for gender discrimination. Dukes v. Wal-Mart, Inc., 509 F.3d 1168 (9th Cir. 2007). The Ninth Circuit granted en banc rehearing in February 2009. My report on the oral argument from March 2009 is here.
The Ninth Circuit's "Status of Pending En Banc Cases" page lists the case as "not yet decided." Lately we have been seeing opinions in cases argued on or about the same day as Dukes, so it would stand to reason that the opinion will be coming soon. This blog post will go up at 5:00 a.m., so perhaps when new opinions are posted at 10:00, it will be there.