Tuesday, March 29, 2011
The Supreme Court hears argument today in Wal-Mart Stores, Inc. v. Dukes. The questions presented are:
Whether claims for monetary relief can be certified under Federal Rule of Civil Procedure 23(b)(2)—which by its terms is limited to injunctive or corresponding declaratory relief—and, if so, under what circumstances.
Whether the class certification ordered under Rule 23(b)(2) was consistent with Rule 23(a).
SCOTUSblog’s case file is available here, which contains links to the Ninth Circuit opinion below and the briefing in the case.
There is a ton of coverage on the case and the upcoming argument, including:
- ABA Journal
- Associated Press
- The Atlantic
- Chicago Tribune
- How Appealing
- New York Times
- Washington Post
An amicus brief filed in the case by thirty-one civil procedure professors is available here.