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Cases & Experience

Wal-Mart Stores, Inc. v. Dukes (U.S. Supreme Court)

Several female employees of Wal-Mart brought a putative class action against their employer, alleging that they were the victims of sex discrimination and seeking back-pay.  The district court certified the class under Federal Rule of Civil Procedure 23(b)(2), and the Ninth Circuit substantially affirmed the class certification.  On appeal to the U.S. Supreme Court, we represented the Association of Global Automakers as amicus curiae in arguing that class certification was improper under Federal Rule of Civil Procedure 23.  The Supreme Court agreed with our position, and held that the class certified was too expansive, lacked commonality, and could not seek a monetary award under Rule 23(b)(2).


Amicus Brief