08/04/2011 05:08:00 PM EST
Wal-Mart Stores, Inc. v. Dukes, 2011 U.S. LEXIS 4567 (June 20, 2011)
LexisNexis Overview: Employees'
Title VII sex discrimination class action claims against a nationwide employer
could not be certified under Fed. R. Civ. P. 23(a)(2) due to lack of
commonality; the employees did not offer adequate proof that the employer
operated under a general policy of discrimination. Backpay claims were
improperly certified under Rule 23(b)(2).
Counsel: Theodore J.
Boutrous, Jr. argued the cause for petitioner.
Joseph M. Sellers argued the
cause for respondents.
Judges: SCALIA, J.,
delivered the opinion of the Court, in which ROBERTS, C. J., and KENNEDY,
THOMAS, and ALITO, JJ., joined, and in which GINSBURG, BREYER, SOTOMAYOR, and
KAGAN, JJ., joined as to Parts I and III. GINSBURG, J., filed an opinion
concurring in part and dissenting in part, in which BREYER, SOTOMAYOR, and
KAGAN, JJ., joined.
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