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« One more time: U.S. Supreme Court expected to announce vote in Dukes v. Wal-Mart today | Main | Supreme Court UCL restitution decision: Pineda v. Bank of America »

Monday, December 06, 2010


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Suspect I know the answer of the majority:

1. Plaintiffs did not make out a sufficiently common, typical, ascertainable class to warrant certification in the first place.

2. There is no right to restitution under a (b)(2) certification.

If I had to bet, I would bet the first is going to be the focus of the majority and its results far worse than the second. Assume a broad based opinion that will make class certification much more difficult, particularly in discrimination cases.

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