In what is perhaps the closely watch cert petition in the employment law context in years, counsel for plaintiffs have filed their opposition to the petition for certiorari in Dukes, et al. v. Wal-Mart, an en banc ruling of the Ninth Circuit upholding certification of a class of more than a million current and former female workers who allege they were discriminated against. Plaintiffs obviously argue that the Supreme Court should not accept the petition and that the Ninth Circuit’s class certification order should be upheld. Plaintiff assert that the writ should be denied because the decision is interlocutory and fundamental questions remain unresolved pending a trial. By last count, there are now 10 amicus briefs filed with the Supreme Court too.
The petition is now ripe for review by the Supreme Court, and most expect action either way on the petition by November or December. Stay tuned.