Six months after the Supreme Court decided Wal-Mart Stores, Inc. v. Dukes, courts are still working out how best to apply the newly-clarified standard of commonality. This week, the Seventh Circuit offered some further guidance.

In Jamie S. v. Milwaukee Public Schools, the plaintiffs–seven disabled public-school students–challenged Milwaukee’s implementation of the Individuals with

 This was a busy year for class-action jurisprudence. Clearly, most of the Supreme Court cases had some effect on class action practice. But the district and appellate courts also rendered a host of rulings this year that significantly affect class-action practice. Despite what a number of academics and plaintiffs’ lawyers have claimed, the class action

Yesterday was the long-anticipated oral argument in Wal-Mart v. Dukes.  I’ve attached a copy here.  Overall, the Justices were clearly prepared for the argument, although they–like almost everyone else–had trouble keeping all of the facts straight.  A few highlights:

  • Justices Ginsburg, Kagan, and Sotomayor took an early lead in questioning Ted Boutrous (who argued