Ninth Circuit orders rehearing of biggest-ever class action certification

The Ninth Circuit last week ordered en banc rehearing of the landmark class certification in Dukes v. Wal-Mart.  The order comes two years after a three-judge panel approved the largest class in history, consisting of 1.5 million current and former female employees of Wal-Mart.  The lead plaintiffs claim that Wal-Mart has discriminated against women in making promotions.  A 15-judge panel will now decide whether the district court properly certified the class.  See our earlier coverage of the case here.