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Wal-Mart Stores, Inc. v. Dukes, No. 10–277, U.S. Supreme Court (June 20, 2011)

Articles Discussing Case:

High Court Rules Against Certification Of Class

Ogletree Deakins • August 19, 2011
The U.S. Supreme Court recently ruled that a case brought on behalf of some 1.5 million female current and former employees of Wal-Mart should not have been certified as a class action. According to the Court, the plaintiffs were required to show that their claims depended on a common contention of such a nature that it was capable of classwide resolution - in this case, evidence that Wal-Mart "operated under a general policy of discrimination." But, the Court found that "[o]ther than the bare existence of delegated discretion, respondents have identified no `specific employment practice' - much less one that ties all their 1.5 million claims together."

High Court Rules Against Certification of Class of 1.5 Million Workers

Ogletree Deakins • June 21, 2011
On June 20, 2011, the U.S. Supreme Court ruled that a case brought on behalf of some 1.5 million female current and former employees of Wal-Mart should not have been certified as a class action. According to the Court, the plaintiffs were required to show that their claims depended on a common contention of such a nature that it was capable of classwide resolution – in this case, evidence that Wal-Mart "operated under a general policy of discrimination." But, the Court found that "[o]ther than the bare existence of delegated discretion, respondents have identified no 'specific employment practice' – much less one that ties all their 1.5 million claims together."

Wal-Mart Stores, Inc. v. Duke -- A Sigh of Relief

Ogletree Deakins • June 21, 2011
Analysis will come later as all I have done is read the highlight and the line up of judges. Judge Scalia's majority opinion was joined in some parts by all justices, while Justices Ginzberg, Breyer, Sotomayor and Kagan dissented from some.
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