Table of Contents:
I. INTRODUCTION 1
II. A NEW ANALYTICAL FRAMEWORK FOR CLASS ACTIONS 1
A. Individual Evidence Is Relevant to Certification and Liability as Well as Damages 1
B. The Problem with Representative Testimony and Trial by Formula 3
III. SOME OPEN ISSUES 5
A. Dukes’ Potential Impact on Social Science Evidence in Future Litigation 5
B. Application of Dukes to Fair Labor Standards Act Collective Actions 9
IV. AGGREGATE LITIGATION POST-DUKES 12
A. The Ninth Circuit Reverses Course: Ellis v. Costco 12
B. Some District Courts Have Considered Dukes in FLSA Collective Actions 13
V. CONCLUSION 13
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