The Neophyte Lawyer, Year One, Day 34: Wal-Mart v. Dukes, et al.





I’ve been too busy to write a full blog entry for today. But I did want to at least make mention of the big legal news of the day: the U.S. Supreme Court’s decision in Wal-Mart Stores, Inc. v. Dukes, et al. In a big win for Wal-Mart, the Court reversed the appellate court’s class certification.


Basically, for the civilians out there, in a class action suit, there has to be some “glue” that holds the members of the class together. The Supreme Court said that in this case, there was not enough glue. The proposed class of plaintiffs was simply too big.


As some folks have pointed out, this does not mean that Wal-Mart was not guilty of gender-based discrimination; the decision focused on the class certification question. But it does seem as if it will be increasingly difficult to file large class action suits in the future. This may make it harder to force large employers such as Wal-Mart to address systemic patterns of discrimination.


I’ll probably come back to address this issue in a later post. I need to think about what the ruling says and what impact it will have. But in the meantime, here are some links to what other folks have said (so far):


WAL-MART STORES, INC. v. DUKES ET AL.United States Supreme Court Decision


High Court Limits Wal-Mart Sex Bias Case – Salt Lake Tribune


Supreme Court Rules for Wal-Mart in Sex Discrimination Suit – Truthout


Supreme Court Rejects Female Workers’ Class-Action Suit Against Wal-Mart — NPR


The Catch-22 of Wal-Mart Discrimination – The PopTort


Supreme Court Throws Out Huge Discrimination Suit Against Wal-MartL.A. Times


Wal-Mart Wins Supreme Court Gender-Bias Case That May Limit Class Actions –


Supreme Court Rules For Wal-Mart In Massive Job Discrimination Lawsuit –


Toobin: High Court Addressed Only Class Size, Not Discrimination, In Wal-Mart Suit –


Breaking: Supreme Court Rejects Class Action Against Wal-MartConnecticut Employment Law Blog


U.S. Supreme Court Rejects Gender Discrimination Class Action Against Wal-Mart – Labor & Employment Law Blog


BREAKING NEWS: SCOTUS Reverses Class Certification in Dukes v. Wal-Mart – Ohio Employer’s Law Blog


U.S. Supreme Court rules in Wal-Mart Stores Inc. v. Dukes – Work Matters Blog




About W. Lewis Black

W. Lewis Black is an associate attorney at Dunn & Dunn, P.C., located in Salt Lake City, Utah. His practice focuses on personal injury, employment law, workers compensation, and Social Security Disability claims. He is a past member of the Ensemble at Pinnacle Acting Company in Midvale, Utah. He can be contacted at
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