Class actions in the aftermath of Wal-Mart v. Dukes
Last Term, in Wal-Mart v. Dukes, the Supreme Court overturned the certification of one of the largest employment discrimination class actions in history. In so doing, it addressed a range of questions regarding class actions, some technical (regarding the differences between the requirements for various kinds of class actions and the relief they may seek) and some more general, including questions about when a class action may proceed on behalf of workers at different locations and with different supervisors. In the months that followed the Court’s decision, lawyers for class-action plaintiffs and defendants have been scrambling to assess the impact of the Wal-Mart case and adjust their litigation strategies accordingly. Recently, the plaintiffs’ attorneys in the Wal-Mart case began filing state-by-state class actions to revive their sex discrimination claims against the retailer, filing statewide class actions in Texas and California.