A revised 2-1 panel decision in Dukes, et al. vs. Wal-Mart Stores Inc., the bellwether class action in 2007, issued in December, affirmed a class certification order in a gender discrimination action against Wal-Mart that challenges pay and management promotion decisions.

The decision, issued by the 9th Circuit on Dec. 11, 2007, vacated its earlier decision of Feb. 6, 2007, which had certified, under Rule 23(b)(2), a class of more than 1.5 million current and former female employees. As such, it was--and remains--the largest employment class action ever certified.

In its new decision, the 9th Circuit reiterated its opinion that the district court did not abuse its discretion in finding that a diverse class of salaried and hourly female employees, employed across 3,400 stores, was nonetheless united by companywide practices.

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