Wal-Mart v. Dukes and Its Progeny

In Wal-Mart Stores, Inc. v. Dukes, No. 10-277 (U.S. June 20, 2011), the Supreme Court vacated class certification as to 1.5 million current and former Wal-Mart employees who failed to identify a company-wide policy or practice of gender discrimination.  Additionally, the Court held that backpay claims could not be certified as a class action, and rejected the “Trial by Formula” approach because Wal-Mart was entitled to individual proceedings on remedies and to present defenses as to each claim.