Ninth Circuit Grants En Banc Review in Dukes v. Walmart

Almost two years ago, the Ninth Circuit upheld class certification in one of the largest employment class actions ever: Dukes v. Walmart. The complaint alleges company-wide sex discrimination in promotions and other job decisions. We posted on the initial order here.

The Ninth Circuit has now agreed to hear the case "en banc," meaning by a panel of 15 judges rather than three. The original opinion's panel no longer is citable. It probably will be some time until the en banc decision comes out, which could provide significant guidance on class certification in the federal courts within the Ninth Circuit.