On October 3, 2011, the U.S. Supreme Court granted cert. in Chinese Daily News v. Wang, no. 10-1202, and directed the Ninth Circuit to reconsider its judgment in light of Wal-Mart Stores, Inc. v. Dukes, 131 S.Ct. 2541 (2011).
As you may recall, in Wang, the Ninth Circuit affirmed class certification (and the ensuing judgment in favor of the class) in a case involving wage and hour claims, partly in reliance on the Ninth Circuit's en banc Dukes opinion. Wang v. Chinese Daily News, Inc., 623 F.3d 743 (9th Cir. 2010).
This is the functional equivalent, in California Supreme Court parlance, of a "grant and transfer" order. It will be quite interesting to see what the Ninth Circuit's new opinion looks like in a few months.
Incidentally, we are still waiting for the Ninth Circuit to hand down its eagerly-anticipated decision in Mazza v. American Honda Motor Co., no. 09-55376 (9th Cir.). In that case, the panel sua sponte ordered further briefing on Dukes back in June.
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