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In 2011, the Supreme Court issued two opinions in Wal-Mart Stores v. Dukes1 and AT&T Mobility v. Concepcion2 that reinforced the standards applicable to class actions. In Wal-Mart, the court confirmed that employees seeking class certification in a Title VII case must present substantial proof beyond the complaint’s allegations that all class members were subject to a common discriminatory evaluation method or policy. In Concepcion, the court held that federal law preempts state laws that deem class-action waivers in arbitration agreements unenforceable, making it possible for defendants to enforce agreements that require plaintiffs to proceed with individual claims in arbitration.

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