Wal-Mart Stores, Inc. v. Dukes, et al.


Issue: Labor/Employment
Court: U.S. Supreme Court

Term: October 2010
Oral Argument: March 2011
Vote: 5-4
Opinion: Justice Scalia
Lower Court: U.S. Court of Appeals for the Ninth Circuit

Question Presented:
I. Whether claims for monetary relief can be certified under Federal Rule of Civil Procedure 23(b)(2) -- which by its terms is limited to injunctive corresponding declaratory relief -- and, if so, under what circumstances.

II. Whether the certification order conforms to the requirements of Title VII, the Due Process Clause, the Seventh Amendment, the Rules Enabling Act, and Federal Rule of Civil Procedure 23.

RLC's Position:
The RLC urged the Ninth Circuit to reverse the massive class action certification in an employment law case. When that failed, the RLC asked the Supreme Court to grant certiorari and filed a brief on the merits.

Case Outcome:
The Supreme Court reviewed the case, found that the class had been improperly certified, and reversed the decision of the lower court.

Procedural History and Case Documents:

Please use the DOWNLOAD button below to access the RLC's Brief.


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