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Last year, the Supreme Court issued its landmark decision in Wal-Mart Stores, Inc. v. Dukes, ruling that an “expansive” class of plaintiffs could not pursue their employment discrimination claims collectively against Wal-Mart. In so holding, the court explained that in a class action, “a party seeking class certification must affirmatively demonstrate his compliance with [Federal Rule of Civil Procedure 23],” including being able “to prove that there are in fact… common questions of law or fact” capable of class-wide resolution.

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