Wal-Mart Stores Inc. v. Dukes
Litigation: Challenging class certifications that alter the parties’ substantive rights as violations of due process
Defendants are (properly) accustomed to opposing class certification by attempting to show that there are many individualized issues.
The U.S. Supreme Court’s decision in Wal-Mart Stores, Inc. v. Dukes, 131 S. Ct. 2541 (2011) has impacted millions of employees in their pursuit of class action claims against their employers. The Dukes decision articulated the standard for establishing the commonality necessary to secure class certification in a manner that...