Supreme Court Raises Bar For Class Action Plaintiffs In Wal-Mart v. Dukes

On June 20, 2011, the United States Supreme Court sided with Wal-Mart in a long-awaited decision regarding standards that apply to class action cases. The new opinion makes it harder for plaintiffs to obtain class certification.

The case was brought by three female Wal-Mart employees (current and former) who claimed that the local supervisors of Wal-Mart stores — on a nationwide basis — exercised discretion over pay and promotion matters in a way that discriminated against women. The underlying question was whether the plaintiffs can represent a class of 1.5 million women around the country, namely, "all women employed at any Wal-Mart domestic retail store at any time since December 26, 1998 who have been or who may be subjected to Wal-Mart's challenged pay and management track promotions policies and practices."