Fair Lending Class Actions Following Wal-Mart v. Dukes


This article examines the Dukes decision itself, discusses how

several lower courts have recently applied the Dukes decision in

fair lending class actions, and explores the degree to which Dukes

has undercut the viability of fair lending class claims, especially

claims based on disparate impact theory.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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