The panel discussion covered the outcome of and reasoning behind Dukes as well as its implications for class action and civil rights cases.
The program was sponsored by the BBA's Civil Rights & Civil Liberties Section, Class Actions Committee, Federal Practice and Procedure Committee, Labor & Employment Law Section
The panelists from L-R: James W. Bucking (Foley Hoag LLP), Andrea C. Kramer (Hirsch Roberts Weinstein LLP), Shannon Liss-Riordan (Lichten & Liss-Riordan, P.C) and Gary Klein (Roddy Klein & Ryan)
James W. Bucking (Foley Hoag LLP) and Andrea C. Kramer (Hirsch Roberts Weinstein LLP) look on.
The panel provided an overview of the decision, and discussed the burden of proof for commonality, the availability of damages under Rule 23(b)(2), the use of statistics and expert testimony in support of class certification, the availability of a disparate impact theory, and the effect of Dukes on employment law and women's rights generally.