Implications of Wal-Mart v. Dukes for Federal Antitrust Class Actions

On June 20, 2011, the United States Supreme Court ruled that “one of the most expansive class actions ever” had been improperly certified under Federal Rule of Civil Procedure 23(a) and (b). The proposed class included 1,500,000 current and former female employees of Wal-Mart, who alleged that the nationwide retailer had discriminated against them in pay and promotion matters. Although plaintiffs’ claims concerned alleged violations