Forum
U.S. Supreme Court
Case Status
Decided
Docket Number
Term
2010 Term
Oral Argument Date
March 29, 2011
Lower Court Opinion
Questions Presented
1. Whether claims for monetary relief can be certified under Federal Rule of Civil Procedure 23(b)(2) and, if so, under what circumstances.
2. Whether the class certification ordered under Rule 23(b)(2) was consistent with Rule 23(a).
Case Updates
Supreme Court reverses certification of injunctive class action
June 20, 2011
In a 5-4 vote, the U.S. Supreme Court held that the certification of the plaintiff class - the largest employment class action in history - was not consistent with Rule 23(a) of the Federal Rules of Civil Procedure (FRCP). As the Court explained, “Rule 23(a)(2) requires a party seeking class certification to prove that the class has common 'questions of law or fact.' Their claims must depend upon a common contention of such a nature that it is capable of class wide resolution.” According to the Court, the plaintiffs in this case failed to establish any common issue that is central to the validity of each one of the claims. The Court also unanimously ruled that the plaintiffs' backpay claims were improperly certified under Rule 23(b)(2) of the FRCP because there was not a single, indivisible remedy that would provide relief to each class member.
NCLC filed two briefs at the Supreme Court and five briefs in the Ninth Circuit Court of Appeals in this case.
Amicus brief supporting cert. filed 9/24/10. Cert. granted 12/6/10.
Amicus brief on the merits filed 1/27/11. Decided 6/20/2011.
Case Documents
- Wal-Mart Stores, Inc. v. Dukes, et al. (NCLC Brief Supporting Certiorari).pdf
- Wal-Mart Stores, Inc. v. Dukes, et al. (NCLC Brief on Merits).pdf
- Wal-Mart Stores, Inc. v. Dukes, et al. (9th Circuit En Banc Opinion).pdf
- Wal-Mart Stores, Inc. v. Dukes, et al. (Cert. Petition).pdf
- Wal-Mart Stores, Inc. v. Dukes, et al. (Opposition to Cert.).pdf
- Wal-Mart Stores, Inc. v. Dukes, et al. (Cert. Reply Brief).pdf
- Wal-Mart Stores, Inc. v. Dukes, et al. (Petitioner Merits Brief).pdf
- Wal-Mart Stores, Inc. v. Dukes, et al. (Respondent Merits Brief).pdf
- Wal-Mart Stores, Inc. v. Dukes, et al. (Merits Reply Brief).pdf
- Wal-Mart Stores, Inc. v. Dukes, et al. (Altria, et al. Cert. Amicus Brief).pdf
- Wal-Mart Stores, Inc. v. Dukes, et al. (CELC Cert. Amicus Brief).pdf
- Wal-Mart Stores, Inc. v. Dukes, et al. (Defense Bar Cert. Amicus Brief).pdf
- Wal-Mart Stores, Inc. v. Dukes, et al. (EEAC Cert. Amicus Brief).pdf
- Wal-Mart Stores, Inc. v. Dukes, et al. (Intel Cert. Amicus Brief).pdf
- Wal-Mart Stores, Inc. v. Dukes, et al. (PLF Cert. Amicus Brief).pdf
- Wal-Mart Stores, Inc. v. Dukes, et al. (RILA Cert. Amicus Brief).pdf
- Wal-Mart Stores, Inc. v. Dukes, et al. (WLF Cert. Amicus Brief).pdf
- Wal-Mart Stores, Inc. v. Dukes, et al. (AAJ Brief on Merits).pdf
- Wal-Mart Stores, Inc. v. Dukes, et al. (ACLU Brief on Merits).pdf
- Wal-Mart Stores, Inc. v. Dukes, et al. (AFL-CIO Brief on Merits).pdf
- Wal-Mart Stores, Inc. v. Dukes, et al. (American Sociological Ass'n Brief on Merits).pdf
- Wal-Mart Stores, Inc. v. Dukes, et al. (Civil Procedure Professors Brief on Merits).pdf
- Wal-Mart Stores, Inc. v. Dukes, et al. (EEAC Brief on Merits).pdf
- Wal-Mart Stores, Inc. v. Dukes, et al. (Institute for Women's Policy Research Brief on Merits).pdf
- Wal-Mart Stores, Inc. v. Dukes, et al. (Labor Economists Brief on Merits).pdf
- Wal-Mart Stores, Inc. v. Dukes, et al. (Law and Economics Professors Brief on Merits).pdf
- Wal-Mart Stores, Inc. v. Dukes, et al. (NAACP Brief on Merits).pdf
- Wal-Mart Stores, Inc. v. Dukes, et al. (Public Citizen Brief on Merits).pdf
- Wal-Mart Stores, Inc. v. Dukes, et al. (Public Justice, et al. Brief on Merits).pdf
- Wal-Mart Stores, Inc. v. Dukes, et al. (U.S. Women's Chamber Brief on Merits).pdf