Antitrust Law

Antitrust Defendants Should Applaud 'Wal-Mart' Ruling

Decertification of Mammoth Class Action Paints Difficult Landscape for Plaintiffs

, The Legal Intelligencer


On June 20, the U.S. Supreme Court handed down a landmark decision when it decided Wal-Mart v. Dukes , and decertified what would have been "one of the most expansive class actions ever." In a 5-4 decision, the court, in an opinion authored by Justice Antonin Scalia, found that the plaintiffs failed to meet the "commonality" requirement for class certification under Federal Rule of Civil Procedure 23(a), reversing both the district court and 9th U.S. Circuit Court of Appeals. Justice Ruth Bader Ginsburg, in a dissent joined by Justices Stephen G. Breyer, Sonia Sotomayor and Elena Kagan, strongly disagreed with the majority and argued that the district court's finding of commonality "was hardly infirm."

This content has been archived. It is available exclusively through our partner LexisNexis®.

To view this content, please continue to Lexis Advance®.

Continue to Lexis Advance®

Not a Lexis Advance® Subscriber? Subscribe Now

Why am I seeing this?

LexisNexis® is now the exclusive third party online distributor of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® customers will be able to access and use ALM's content by subscribing to the LexisNexis® services via Lexis Advance®. This includes content from the National Law Journal®, The American Lawyer®, Law Technology News®, The New York Law Journal® and Corporate Counsel®, as well as ALM's other newspapers, directories, legal treatises, published and unpublished court opinions, and other sources of legal information.

ALM's content plays a significant role in your work and research, and now through this alliance LexisNexis® will bring you access to an even more comprehensive collection of legal content.

For questions call 1-877-256-2472 or contact us at

What's being said

Comments are not moderated. To report offensive comments, click here.

Preparing comment abuse report for Article #1202509120302

Thank you!

This article's comments will be reviewed.