Those of us who live in the legal trenches of direct response advertising litigation, and who fret about the proliferation of class actions against our clients, were closely following the Dukes v. Wal-Mart case, which was finally decided by the U.S. Supreme Court this past month. The high court decided that there was insufficient commonality among the different members of the putative class, as to how (if at all) each class member was harmed by Wal-Mart. Thus, the case could not go forward as a class action, and each claimant would need to file his or her own separate lawsuit. That, of course, is what every defendant wants – compared to facing a class. Dukes is a step in the right direction for any industry – including ours – that finds itself besieged by class action cases.
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