Rethinking Bifurcated Discovery After Wal-Mart

    February 2012

    Squire Sanders lawyers Philip M. Oliss and Bruce A. Khula authored “Rethinking Bifurcated Discovery After Wal-Mart,” which was recently published by Law360. They discuss lower courts’ use of the Supreme Court’s recent decision in Wal-Mart Inc. v. Dukes to reject requests for bifurcation of discovery in class actions, an unintended consequence with the potential to become a more prevalent discovery practice. Phil and Bruce advocate for targeted bifurcation “where a part can persuasively show that a question or set of questions will prove dispositive as to whether the proposed class can ever be certified” and explain the benefits of this approach.

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