Wal-Mart Stores, Inc. v. Dukes, 2011 U.S. LEXIS 4567 (June 20, 2011)

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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