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Justice Scalia has authored another opinion making it harder for class action cases to be certified. Wal-Mart v. Dukes, decided in 2011, imposed a higher burden on plaintiffs trying to be certified as a class under Federal Rules of Civil Procedure 23(a) and 23(b)(2). In Comcast v. Behrend, the Court ruled that the class should not have been certified based on their damages model, under Federal Rule of Civil Procedure 23(b)(3).

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