A Longing Look At Wal-Mart Stores Inc. v. Dukes Et Al

Canadian class action defence lawyers may have reacted with a hint of envy towards their American counterparts when the United States Supreme Court released the decision in Wal-Mart Stores, Inc. v. Dukes et al on June 20, 2011.

The decision overturned the granting of certification by the lower courts in the context of a claim under the Civil Rights Act of 1964. Current and former employees of Wal-Mart had sought certification on behalf of 1.5 million female employees because of alleged discrimination against women.

One of the key issues in the case was whether the petitioner satisfied Rule 23 (a)(2) of the United States Federal Rules of Civil Procedure, namely that there were questions of fact or law common to the class.