Supreme Court Docket Report - June 8, 2015

Today, the Supreme Court granted certiorari in one case of interest to the business community:

Class Actions And Collective Actions—Class-Certification Standards

Under Rule 23 of the Federal Rules of Civil Procedure, a court may not certify a damages lawsuit as a class action unless "there are questions of law or fact common to the class" that "predominate over any questions affecting only individual members." The Fair Labor Standards Act (FLSA) imposes similar certification requirements on collective actions. In Wal-Mart Stores, Inc. v. Dukes, 131 S. Ct. 2541 (2011), the Supreme Court held that, in order to satisfy these commonality and predominance requirements, plaintiffs must "demonstrate that the class members 'have suffered the same injury'" by proving that their claims "depend upon a common contention" that is "capable of classwide resolution ... in one stroke." The Court also disapproved of "trials by formula," in which liability is determined for a