Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

The Corporate CounselorLJN NewslettersNewsSections

Class Action Lessons from Wal-Mart v. Dukes

By Scott Burnett Smith and Andrew L. Brasher
July 28, 2011

The Supreme Court in Wal-Mart Stores, Inc. v. Dukes, No. 10-277 (U.S. June 20, 2011), provided much-needed guidance to lower courts on the law of class actions. Class actions can be used to seek damages on behalf of millions of class members, and they can pose a great risk to the solvency of a business. Therefore, if a court certifies a class (in other words, determines that the plaintiffs can sue together instead of separately), a business can be forced to settle a case even if the plaintiffs' claims do not have merit.

In Wal-Mart v. Dukes, the Supreme Court decertified a class action in which more than a million female employees were attempting to sue Wal-Mart for gender discrimination in pay and promotion. The Court's decision to reverse the lower court was unanimous, but the Court split 5-4 on whether the class could be certified for the purpose of seeking an injunction. Justice Antonin Scalia wrote the majority opinion. Justice Ruth Bader Ginsburg dissented in part, joined by Justices Stephen Breyer, Sonia Sotomayor, and Elena Kagan.

This premium content is locked for Entertainment Law & Finance subscribers only

  • Stay current on the latest information, rulings, regulations, and trends
  • Includes practical, must-have information on copyrights, royalties, AI, and more
  • Tap into expert guidance from top entertainment lawyers and experts

For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473

Read These Next
Law Firms are Reducing Redundant Real Estate by Bringing Support Services Back to the Office Image

A trend analysis of the benefits and challenges of bringing back administrative, word processing and billing services to law offices.

Bankruptcy Sales: Finding a Diamond In the Rough Image

There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.

Bit Parts Image

Summary Judgment Denied Defendant in Declaratory Action by Producer of To Kill a Mockingbird Broadway Play Seeking Amateur Theatrical Rights

Risks of “Baseball Arbitration” in Resolving Real Estate Disputes Image

“Baseball arbitration” refers to the process used in Major League Baseball in which if an eligible player's representative and the club ownership cannot reach a compensation agreement through negotiation, each party enters a final submission and during a formal hearing each side — player and management — presents its case and then the designated panel of arbitrators chooses one of the salary bids with no other result being allowed. This method has become increasingly popular even beyond the sport of baseball.

Disconnect Between In-House and Outside Counsel Image

'Disconnect Between In-House and Outside Counsel is a continuation of the discussion of client expectations and the disconnect that often occurs. And although the outside attorneys should be pursuing how inside-counsel actually think, inside counsel should make an effort to impart this information without waiting to be asked.