A different view of the Fourth Circuit’s recent decision in class action against Family Dollar

Earlier this month, we noted a significant Fourth Circuit class action decision (Scott v. Family Dollar) permitting the plaintiffs to amend their complaint with allegations that could qualify them for class action treatment within the rules set forth by the Supreme Court in Wal-Mart v. Dukes.

Here's a different take: the U.S. Chamber of Commerce quotes the Wall Street Journal characterizing the decision as one more round in a "war of attrition" between federal appellate courts and the Supreme Court over class standards. Apparently, according to the Chamber, whenever a court distinguishes a case from Dukes on the facts and finds class certification possible, it is at "war" with the Supreme Court.

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