[author: Joshua Roberts]
Back in April, we previously blogged about Ross v. RBS Citizens, N.A.,
where the Seventh Circuit affirmed certification of a class action in a wage-and-hour case after finding that the conditions of Rule 23(c)(1)(B) had been met. Well, RBS has refused to throw in the towel and is now putting up its “Dukes
,” citing the Supreme Court’s landmark ruling, Wal-Mart Stores, Inc. v. Dukes
, in its petition for certiorari. RBS is claiming that the Seventh Circuit ignored dissimilarities in plaintiffs’ allegations despite the commonality requirement as articulated in Dukes
. We will keep you posted as to whether the Supreme Court decides to grant certiorari.