While much has been written – and will continue to be written – about the U.S. Supreme Court’s blockbuster decision in Wal-Mart v. Dukes, it remains too early to discern the lasting impact of Dukes on class action litigation. Yet, one thing was, initially, universally agreed upon: Dukes helps defendants and hinders plaintiffs.

That simple conclusion, however, was questioned by the Seventh Circuit Court of Appeal’s recent holding in McReynolds v. Merrill Lynch where it was the plaintiffs who relied upon Dukes in their successful appeal of the district court’s denial of class certification in a Title VII employment race discrimination case.