Court of Appeals for the Ninth Circuit December 11, 2007, 04-16688, 04-16720 (Dukes v. Wal-Mart, Inc.)

KLEINFELD, Circuit Judge,

dissenting:

I respectfully dissent. The majority’s new opinion does not solve the problems of its previous opinion. Class action certification still violates Rule 23, likely deprives many women who have been discriminated against of the money they are entitled to, and deprives Wal-Mart of its constitutional rights to jury trial and due process of law.