Supreme Court Clarifies Standard For Certification Of Class Actions

The U.S. Supreme Court issued an important decision yesterday (June 20, 2011) concerning the standard for the certification of class actions and the proof required to establish a pattern or practice of employment discrimination. In Wal-Mart Stores v. Dukes, the Court reversed certification of a class in a nationwide employment discrimination case, and, in the course of doing so, clarified the standards on at least three important class certification issues that have vexed litigants, and divided lower courts, for years: the Court (i) reaffirmed the principle that district courts considering a class motion must perform a "rigorous analysis" of the facts and legal principles at stake in the entire case and how the case actually could be tried as a collective action, and not simply rely upon the contentions of the plaintiff or the plaintiff's plan on how its case can be proven; (ii) articulated a particularized test for determining the presence of "common" issues under Rule