Wal-Mart Stores, Inc. v. Dukes

564 U.S. 338, 131 S. Ct. 2541, 180 L. Ed. 2d 374 · Supreme Court of the United States · 2011

Civil Procedure Assigned in 15 casebooks

Case brief summary

Rule

People suing together as a group must share real common questions a single trial can resolve for everyone. One type of class action only works when one court order could fix things for the whole group.

Facts

Three women who worked at Wal-Mart sued, saying managers' personal judgment on pay and promotions let gender bias harm women company wide. They wanted to represent 1.5 million women nationwide, seeking changed practices and back pay.

Procedural history

A trial court approved the class action, and the appeals court mostly agreed. Wal-Mart asked the Supreme Court to review the case, and the Court agreed.

Issue

Did the women share enough common questions to form one class, and could their back pay claims fit a class action type meant mainly for company wide orders?

Holding

The Supreme Court ruled the class should not have been approved. The women lacked a common question linking their claims, and back pay could not be included in this type of class action.

Reasoning

The Court said working for the same company isn't enough, there must be one shared policy causing the same harm. Wal-Mart let managers decide individually, which showed no uniform practice, and back pay needed individual proof.

Opinions

Majority (Scalia): The class lacked a common question tying 1.5 million claims together, and back pay could not be certified under this class action type because it needs individual proof.

Dissent (Ginsburg, joined by Breyer, Sotomayor, and Kagan): Agreed back pay was wrongly certified, but argued the women did show enough common questions about Wal-Mart's discretionary pay and promotion practices to meet the commonness requirement.

Test yourself

Question 1 of 5

How large was the class certified by the District Court and largely affirmed by the Ninth Circuit?

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Cold call

The professor turns to you.

What were the facts underlying Betty Dukes's individual claim against Wal-Mart?
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