As was widely expected, the Supreme Court has overturned class certification in what has been called the largest employment discrimination class action in history. The slip opinion in Wal-mart v. Dukes, No. 10-277, (S. Ct. June 20, 2011). is available at the Court’s website.
The justices were unanimous in finding that Rule 23(b)(2) did not allow the class action to go forward for the purpose of seeking monetary relief in the form of back pay. However, the Court split 5-4 on whether the case should have been allowed to go forward for the purpose of pursuing injunctive relief. Justice Scalia wrote for the majority and Justice Ginsburg authoring a partial dissent.
Much more on the decision later…
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