Case Study: Wal-Mart V. Dukes

Law360, New York (June 21, 2011, 8:27 PM EDT) -- On June 20, 2011, the U.S. Supreme Court issued its much-anticipated decision in Wal-Mart Stores Inc. v. Dukes (564 U.S. ____ (2011)).

In a highly technical decision, all nine justices agreed that “one of the most expansive class actions ever” consisting of 1.5 million female Wal-Mart employees who allegedly were subject to unlawful discrimination in violation of Title VII based on subjective pay and promotion decisions of their managers, could not be certified as a class for back pay under Federal Rule of Civil Procedure 23(b)(2)....
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