The US Supreme Court reverses class action certification raising hurdles for antitrust collective redress cases (Wal-Mart Stores/Dukes)

This article has been selected for the business category, general antitrust section of the 2012 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. On June 20, 2011, in Wal-Mart Stores, Inc. v. Dukes, the United States Supreme Court handed down its decision holding that discrimination claims on behalf of up to 1.5 million female Wal-Mart employees at 3,400 stores across the United States could not properly be pursued as a class action. The Court’s 5-4 opinion, authored by Justice Antonin Scalia, raises the bar for class certification, holding that putative class members failed to demonstrate by “significant proof” that Wal-Mart exercised a common policy of discrimination sufficient to satisfy the commonality requirement of Federal Rule of Civil

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Authors

  • Skadden, Arps, Slate, Meagher & Flom (New York)
  • Skadden, Arps, Slate, Meagher & Flom (New York)
  • Skadden, Arps, Slate, Meagher & Flom (Washington DC)
  • Skadden, Arps, Slate, Meagher & Flom (Washington DC)

Quotation

Paul M.  Eckles, Peter E. Greene, Gary A. MacDonald, Steven C. Sunshine, The US Supreme Court reverses class action certification raising hurdles for antitrust collective redress cases (Wal-Mart Stores/Dukes), 20 June 2011, e-Competitions Bulletin US Private Enforcement, Art. N° 45107

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