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Many viewed the U.S. Supreme Court’s June 2011 ruling in Wal-Mart Stores v. Dukes as a panacea for the defense bar in defeating employee class actions. In Dukes, the Supreme Court vacated certification of a nationwide class in a gender discrimination context. The court ruled that the plaintiffs had not shown that they shared common issues of law or fact. Clearly, the optimistic view of the ruling expressed by many has turned out not to be the case; the government has been no less vigorous in pursuing recoveries on behalf of classes of employees, and a number of courts have certified classes in 2011 and again this year.

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