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- 131 S. Ct. 2541 (2011) (1)
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Articles 1 - 2 of 2
Full-Text Articles in Law
A Welfarist Perspective On Lies, Ariel Porat, Omri Yadlin
A Welfarist Perspective On Lies, Ariel Porat, Omri Yadlin
Indiana Law Journal
Should a Muslim employee who, in order to avoid discrimination, falsely stated in his job interview that he is Christian be fired for his dishonesty? Should a buyer of a tract of land who, before contracting, conducted an expensive investigation that revealed a high likelihood of mineral deposits be subject to liability for fraud because he told the seller he knew nothing about the land’s mineral potential before purchase? Is a doctor violating her legal duties toward her patient if she convinces him to get vaccinated on the pretext that it is in his best interest when it is instead …
Commonality And The Constitution: A Framework For Federal And State Court Class Actions, Joseph A. Seiner
Commonality And The Constitution: A Framework For Federal And State Court Class Actions, Joseph A. Seiner
Indiana Law Journal
In Wal-Mart Stores, Inc. v. Dukes, 131 S. Ct. 2541 (2011), the Supreme Court concluded that the allegations of pay discrimination in a case brought by over one million female employees lacked sufficient commonality to warrant class certification under Federal Rule of Civil Procedure 23(a). Though the case was expressly decided under the Federal Rules, some well-known employer groups have begun to advance the argument that Wal-Mart was decided on constitutional grounds. These advocates maintain that the Supreme Court’s decision creates a commonality standard for all class-action plaintiffs—regardless of whether those litigants bring their claims in federal or state court. …