The Upshot: What Wal-Mart v. Dukes Means for Future Aggregate Litigation


The Supreme Court’s decision overturning the certification of the massive gender discrimination class in Wal-Mart v. Dukes [pdf] has been well-publicized. We go behind the headlines, therefore, to offer a few educated guesses as to what the case will mean for the future of class actions and other forms of aggregate litigation:

• Statewide classes barred on state law will become more common as claimants will seek friendlier state jurisprudence on the commonality question;

• Some counsel will seek to litigate claims through “mass actions” of large numbers of individual claimants rather than face rigorous class action requirements;

• Greater care will be taken in framing class definitions to meet Wal-Mart’s more rigorous commonality standards...

Please see full update below for more information.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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