"Dukes v. Wal-Mart Stores, Inc.", Supreme Court Oral Argument Summary

Originally published 30 March 2011

Yesterday the Supreme Court heard oral argument in Dukes v. Wal-Mart Stores, Inc., a case that may become a landmark ruling in class action litigation. Dukes is the most important class action case to reach the Supreme Court in decades because it gives the Court an opportunity to examine — and curb — potential abuses of the class action device. The sheer size and breadth of the class certified by the District Court and upheld by the en banc Ninth Circuit — roughly 1.5 million women employed at any Wal-Mart store in the United States since 1998 — underscore the importance of the case to businesses facing possible class action litigation.

Anticipated Issues