Antitrust Law

Antitrust Defendants Should Applaud 'Wal-Mart' Ruling

Decertification of Mammoth Class Action Paints Difficult Landscape for Plaintiffs

, The Legal Intelligencer

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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."

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