Dukes v. Wal-Mart, Inc. (9th Cir. 2007) 509 F.3d 1168 (one of very few pending cases to have an extensive wikipedia page) is no longer good law; the 9th Circuit is reviewing it en banc. The order provides:
Upon the vote of a majority of nonrecused active judges, it is ordered that this case be reheard en banc pursuant to Circuit Rule 35-3. The three-judge panel opinion shall not be cited as precedent by or to any court of the Ninth Circuit. Judges McKeown, Rawlinson and Bybee did not participate in the deliberations or vote in this case.
If the prior order permitting the case to proceed as a class action is upheld, the number of plaintiffs could approach two million.
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