Monday, December 6, 2010

SCOTUS Grants Cert. in Dukes v. Wal-Mart Class Action

The Supreme Court granted certiorari today in Wal-Mart Stores, Inc. v. Dukes (No. 10-277). Of the questions presented in the petition, it granted cert. only as to Question I:

“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.”

In addition, the Court directed the parties to brief and argue the following question:

“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’s opinion below and the cert-stage briefs.


Class Actions, Recent Decisions, Supreme Court Cases | Permalink


The Seattle University Law Review published an excellent discussion of this case and of class action certification in its last issue. You can download the article at

Posted by: Chris | Apr 17, 2011 9:49:47 PM

Post a comment