Case Study: Wal-Mart V. Dukes

Law360, New York (August 15, 2011, 5:53 PM EDT) -- In issuing its ruling on a case of intense national interest, the U.S. Supreme Court recently expounded upon the extent to which a court must consider at the class certification stage the merits of the claims asserted.

In the court’s 5-4 decision in Wal-Mart v. Dukes, (U.S. June 20, 2011), the majority ruled that the proposed class of approximately 1.5 million women-plaintiffs alleging discrimination in Wal-Mart’s hiring and promotion practices could not be certified because the claimants had failed to demonstrate with significant proof that their...
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