US Supreme Court grants certiorari in Dukes v. Wal-Mart

December 6, 2010 by

This morning, on December 6, 2010, the US Supreme Court granted certiorari in the Dukes v. Wal-Mart case on the first question raised in the petition (whether Rule 23(b)(2) certification may include monetary remedies) and a second question that the court fashioned (whether class certification under Rule 23(b)(2) is consistent with Rule 23(a).  In Dukes v. Wal-Mart, Inc., 603 F.3d 571 (9th Cir. 2010), the Ninth Circuit affirmed the certification of a class of female Wal-Mart employees who alleged that Wal-Mart discriminated against them in compensation and promotions.

Wal-Mart and numerous others that filed amicus briefs, including the US Chamber of Commerce had asked the court to grant certiorari on a number of questions, which, if accepted for review, might have had a huge impact on class actions in general.  However, this grant of certiorari appears to be much more limited.  This limited grant of review may cause many class action practitioners to breathe a sigh of relief, because it should mean that the Supreme Court will not be cutting back on class actions in general.  However, you never know what will happen once the court has accepted certiorari.

Steve Larson
An experienced trial lawyer who handles both hourly and contingent fee cases, Steve has expertise in class actions, consumer cases, antitrust litigation, securities litigation, corporate disputes, intellectual property disputes, unfair competition claims, employment matters, and disputes involving family wealth. Steve regularly represents individuals and businesses in federal and state court and has obtained class-wide recovery in multiple class actions. A veteran practitioner, Steve's clients value his creative approach to resolving complex litigation matters.

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