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Supreme Court Decision in Wal-Mart Stores v. Dukes

22 June 2011

Class Actions Alert

The U.S. Supreme Court on Monday held that a nationwide sex discrimination lawsuit against Wal-Mart could not proceed as a class action. In holding that the existence of a company-wide policy that allegedly facilitated gender bias did not create a "question[] of law or fact common to the class," the Court's 5-4 decision in Wal-Mart Stores v. Dukes makes clear that there is a higher bar for establishing commonality in a federal class action than some lower courts had previously found.



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