Wal-Mart v. Dukes reversed

The Supreme Court decision came down today, and it doesn’t fare well for plaintiffs.
From cursory review, it looks like it will possibly have an effect of discrimination and wage class actions. The Supreme Court reversed the 9th Circuit for lack of commonality, lack of common questions of fact, and because it found the backpay claims to not be covered under Rule 23(b)(2). The discussion of incidental monetary relief seems to depend on whether it flows from the class as a whole.

The decision can be read here.


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Filed under courts, legal decision, Supreme Court

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